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DAVID BERG AND CO. v. GATTO INTERN. TRADING CO.

No. 88-3254.

884 F.2d 306 (1989)

DAVID BERG AND COMPANY, Plaintiff-Appellant, v. GATTO INTERNATIONAL TRADING COMPANY, INC. and New England Foods International Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Richard M. Kates, Chicago, Ill., for David Berg & Co., plaintiff-appellant.

Michael R. Levinson, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for Gatto Intern. Trading Co., Inc. and New England Foods Intern. Corp., defendants-appellees.

Before POSNER and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

MANION, Circuit Judge.

David Berg and Company (Berg) manufactures and sells meat products. Berg is suing Gatto International Trading Company, Inc. (Gatto), and New England Foods International Corporation (New England) for infringing Berg's trademark. The district court held that Berg had failed as a matter of law to prove the existence of any basis upon which to hold either Gatto or New England contributorily responsible for a fourth party's trademark infringement...

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