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  5. 674 F.Supp. 642 (1987)
 

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

No. 85 C 4368.

674 F.Supp. 642 (1987)

A.J. CANFIELD COMPANY, Plaintiff, v. VESS BEVERAGES, INC., Defendant.

United States District Court, N.D. Illinois, E.D.

December 9, 1987.

Attorney(s) appearing for the Case

Richard H. Compere, Jeffrey A. Handelman, Pamela Johnson, Willian, Brinks, Olds, Hofer, Gilson & Lione, Ltd., Chicago, Ill., for plaintiff.

David C. Hilliard, John Bostjancich, Pattishall, McAuliffe, Hofstetter, Chicago, Ill., for defendant.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This unfair competition suit brought by A.J. Canfield Company ("Canfield") against Vess Beverages, Inc. ("Vess") is before the court on Vess' motions for summary judgment, to vacate the preliminary injunction, and to set a hearing on damages. For the reasons described below, those motions are denied.

FACTS

Canfield produces a diet soda under the alleged trademark "CHOCOLATE FUDGE."...

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