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EL SOMBRERO CORP. v. BOLIVAR

No. 17620.

106 Ill. App.3d 925 (1982)

436 N.E.2d 733

EL SOMBRERO CORPORATION, Plaintiff-Appellee, v. MIKE BOLIVAR, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed June 3, 1982.

Attorney(s) appearing for the Case

Sorling, Northrup, Hanna, Cullen, & Cochran, Ltd., of Springfield (R. Gerald Barris and Elizabeth A. Evans, of counsel), for appellant.

Leahy & Leahy, of Springfield, and John J. Zimmermann, of Mt. Prospect (Mary Lee Leahy and Andrew J. Leahy, of counsel), for appellee.

Judgment affirmed.

JUSTICE TRAPP delivered the opinion of the court:

Defendant Mike Bolivar appeals from a judgment of the circuit court of Sangamon County which cancelled a service mark registration issued to Bolivar and declared plaintiff the owner of the mark at issue. We affirm the order of the trial court granting plaintiff summary judgment.

The facts relevant to the ownership of the disputed service mark "El Sombrero" reflect that in 1974 defendant...

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