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A.J. CANFIELD CO. v. VESS BEVERAGES, INC.

No. 85-2215.

796 F.2d 903 (1986)

A.J. CANFIELD CO., a corporation, Plaintiff-Appellee, v. VESS BEVERAGES, INC., a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1986.

Attorney(s) appearing for the Case

David C. Hilliard, Pattishall, McAuliffe & Hofstetter, Chicago, Ill., for defendant-appellant.

Richard H. Compere, Willian, Brinks, Olds, Hoffer, Gilson & Lione, Ltd., Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

CUMMINGS, Chief Judge.

This case involves a dispute over the plaintiff's ability to trademark the term CHOCOLATE FUDGE on a soft drink can. Defendant appeals the granting of a preliminary injunction that enjoins it from using CHOCOLATE FUDGE on its can of diet soda. For the reasons set out below, we affirm.

The plaintiff, A.J. Canfield Co., is an Illinois corporation that has bottled and sold a variety of soft drinks in the midwest since 1924. In 1972 Canfield...

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