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SCHWINN BICYCLE CO. v. DIVERSIFIED PRODUCTS CORP.

No. 88 C 7176.

740 F.Supp. 517 (1990)

SCHWINN BICYCLE COMPANY, an Illinois corporation, Plaintiff, v. DIVERSIFIED PRODUCTS CORPORATION, Defendant. and Sears, Roebuck and Co., Intervenor.

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

April 30, 1990.

Attorney(s) appearing for the Case

Donald G. Mulack, Richard L. Reinish, Malcolm McCaleb, Jr., Michael J. Allen, Keck, Mahin & Cate, Floyd A. Mandell, Julie O. Petrini, Katten, Muchin & Zavis, Chicago, Ill., for plaintiff.

Jeffrey B. Lieberman, Kenneth K. Dort, Schuyler, Roche & Zwirner, Chicago, Ill., Harold Birch, Alan Cooper, Alan Cantor, Rodger L. Tate, Banner, Birch, McKie & Beckett, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

Plaintiff Schwinn Bicycle Company ("Schwinn") charged defendant Diversified Products Corporation ("DP") with trade dress infringement violating Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), relating to exercise bicycles, and Sears, Roebuck and Co. ("Sears"), DP's biggest customer, intervened. Plaintiff claims that its exercise bicycle, the Air-Dyne, created the market for dual-action air-resistance exercise...

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