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HENRI'S FOOD PRODUCTS CO., INC. v. KRAFT, INC.

Nos. 82-2303, 82-2446.

717 F.2d 352 (1983)

HENRI'S FOOD PRODUCTS COMPANY, INC., Plaintiff, Counterdefendant-Appellee, v. KRAFT, INC., Defendant, Counterplaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 1983.

Rehearing Denied October 20, 1983.

Attorney(s) appearing for the Case

Raymond R. Krueger, Charne, Glassner, Tehan, Clancy & Taitelman, Milwaukee, Wis., for plaintiff, counterdefendant-appellee.

Francis J. Higgins, Bell, Boyd & Lloyd, Chicago, Ill., for defendant, counterplaintiff-appellant.

Before CUMMINGS, Chief Judge, COFFEY, Circuit Judge, and SWYGERT, Senior Circuit Judge.

CUMMINGS, Chief Judge.

Kraft, Inc. ("Kraft") appeals from a district court decision and order granting to Henri's Food Products Co., Inc. ("Henri's") a declaratory judgment that its trademark YOGOWHIP used on spoonable salad dressing does not infringe Kraft's registered trademark MIRACLE WHIP or the word WHIP, and denying Kraft's trademark infringement counterclaim. The district court also denied Kraft's counterclaim for injunctive relief against the mislabeling by...

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