OHIO-SEALY MATTRESS MFG. CO. v. SEALY, INC.

Nos. 77-1239, 77-1240.

585 F.2d 821 (1978)

OHIO-SEALY MATTRESS MANUFACTURING COMPANY, Sealy Mattress Company of Houston, Sealy Mattress Company of Puerto Rico, Inc., Sealy of the Northeast, Inc., and Sealy Mattress Company of Georgia, Inc., Plaintiffs-Counterdefendants Appellants-Cross-Appellees, v. SEALY, INCORPORATED, Sealy Spring Corporation — Indiana, Sealy Spring Corporation — East, Sealy Spring Corporation — West, Sealy Mattress Company of Colorado, Inc., Sealy Mattress Company of Northern California, Inc., Sealy Mattress Company of Southern California, Inc., Schnorr Manufacturing Company, Inc., Sealy Mattress Company of Florida, Inc., Sealy Mattress Company of Pittsburgh, Inc., Sealy Mattress Company of Philadelphia, Inc., Defendants-Counterplaintiffs Appellees-Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 11, 1978.

As Amended October 12, 1978.


Attorney(s) appearing for the Case

Frederic F. Brace, Jr., Chicago, Ill., for appellant.

Phil C. Neal, Friedman & Koven, Chicago, Ill., for appellee.

Before FAIRCHILD, Chief Judge, MOORE, Senior Circuit Judge, and PELL, Circuit Judge.


PELL, Circuit Judge.

Sealy, Incorporated (Sealy) owns trademarks for the "Sealy" brand of mattresses, mattress foundations, and other bedding products. The Sealy brand enjoys substantial national consumer popularity, and Sealy licenses its trademarks to fifteen independent manufacturers, each of which has the primary responsibility to make and sell Sealy products in a defined territory or territories. Sealy receives license royalties, provides uniform product specifications...

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