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EXXON CORP. v. EXXENE CORP.

Nos. 81-2997, 82-1704.

696 F.2d 544 (1982)

EXXON CORPORATION, Plaintiff-Appellant, v. EXXENE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1982.

Rehearing Denied January 26, 1983.

Attorney(s) appearing for the Case

Robert Stern, Mayer, Brown & Platt, Chicago, Ill., for plaintiff-appellant.

Thomas R. Juettner, Gary, Juettner & Pyle, Chicago, Ill., for defendant-appellee.

Before BAUER and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.

POSNER, Circuit Judge.

This case began in 1976 when the appellant, Exxon Corporation, filed a three-count complaint against the appellee, Exxene Corporation. Count I charged that Exxene had deprived Exxon of its exclusive right to use the trademark "EXXON," thereby violating sections 33(a) and 35 of the Lanham Act, 15 U.S.C. §§ 1115(a), 1117. Count II charged that Exxene had also violated section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), which forbids...

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