UNION CARBIDE CORP. v. EVER-READY INC.

No. 75-1371.

531 F.2d 366 (1976)

UNION CARBIDE CORPORATION, Plaintiff-Appellant, v. EVER-READY INCORPORATED, a corporation, and Mark Gilbert, an individual, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 30, 1976.

As Amended on Denial of Rehearing March 11, 1976.

As Amended March 16, 1976.


Attorney(s) appearing for the Case

Bert A. Collison, William K. Guild, Nims, Howes, Collison & Isner, New York City, for Union Carbide Corp., plaintiff-appellant; John H. Morrison, Kirkland & Ellis, Chicago, Ill., of counsel.

Francis J. McConnell, Richard P. Campbell, Chicago, Ill., for defendants-appellees.

Before CLARK, Associate Justice (Retired), and PELL and SPRECHER, Circuit Judges.


PELL, Circuit Judge.

Union Carbide Corporation brought this action against Ever-Ready Incorporated1 alleging trademark infringement and unfair competition.2 In issue on this appeal are 1) whether the district court erred in declaring Carbide's trademark, EVEREADY, invalid; 2) whether the district court erred in finding that defendants' use of Ever-Ready on electrical products was not likely to cause confusion...

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