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

No. 88-1052.

859 F.2d 36 (1988)

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

United States Court of Appeals, Seventh Circuit.

Decided October 3, 1988.

Attorney(s) appearing for the Case

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

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

Before CUDAHY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

This case is one of several nationwide in which A.J. Canfield Co. ("Canfield") is attempting to prevent competitors from using the name "chocolate fudge" for diet sodas. Canfield brought this action in 1985, raising an unfair competition claim under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), as well as pendent state law allegations against Vess Beverages, Inc. ("Vess"). Vess, based in St. Louis, had sought to market a diet chocolate...

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