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IDEAL INDUSTRIES, INC. v. GARDNER BENDER, INC.

No. 79-1060.

612 F.2d 1018 (1979)

IDEAL INDUSTRIES, INC., Plaintiff-Appellee, v. GARDNER BENDER, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 1979.

Rehearing Denied January 28, 1980.

Attorney(s) appearing for the Case

George H. Solveson, Andrus, Sceales, Starke & Sawall, Milwaukee, Wis., Richard A. Kranitz, Grafton, Wis., for defendant-appellant.

Alfred H. Plyer, Jr., Chicago, Ill., for plaintiff-appellee.

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

MOORE, Circuit Judge:

This case brings up for decision unique issues in the law of trademarks, especially the question whether numbers may become common law trademarks. Defendant Gardner Bender, Inc. ("Gardner") appeals from an order dated January 10, 1979 of the United States District Court for the Eastern District of Wisconsin, Honorable John W. Reynolds, Chief Judge, which granted plaintiff Ideal Industries, Inc.'s ("Ideal") motion for a preliminary injunction...

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