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WESLEY-JESSEN DIV., ETC. v. BAUSCH & LOMB INC.

No. 82-2237.

698 F.2d 862 (1983)

WESLEY-JESSEN DIVISION OF SCHERING CORPORATION, Plaintiff-Appellant, v. BAUSCH & LOMB INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 19, 1983.

Attorney(s) appearing for the Case

Jeremiah D. McAuliffe, Pattishall, McAuliffe & Hofstetter, Chicago, Ill., for plaintiff-appellant.

George B. Newitt, Allegretti, Newitt, Witcoff & McAndrews Ltd., Chicago, Ill., for defendant-appellee.

Before WOOD, ESCHBACH and POSNER, Circuit Judges.

ESCHBACH, Circuit Judge.

Wesley-Jessen Division of Schering Corporation ("Wesley-Jessen") appeals from the district court's granting of a preliminary injunction enjoining it from using designations that Bausch & Lomb, Inc. ("Bausch & Lomb") claims are its trademarks. For the reasons below, we affirm.

I

Wesley-Jessen and Bausch & Lomb both manufacture soft contact lenses. In 1977, Bausch & Lomb introduced a spin cast, ultrathin soft...

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