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SANDS, TAYLOR & WOOD CO. v. QUAKER OATS CO.

No. 91-2876.

978 F.2d 947 (1992)

SANDS, TAYLOR & WOOD COMPANY, Plaintiff-Appellee, v. The QUAKER OATS COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 1992.

Dissenting Opinion of Judge Fairchild Corrected September 8, 1992.

Order on Denial of Rehearing and Rehearing November 25, 1992.

Attorney(s) appearing for the Case

Dean A. Olds (argued), Willian, Brinks, Olds, Hofer, Gilson & Lione, Edward M. Keating, Kinzer, Plyer, Dorn, McEachran & Jambor, Stephen J. Manich, Recktenwald & Van Santen, Susan S. Neal, William, Brinks, Olds, Hofer, Gilson & Lione, Chicago, Ill., for plaintiff-appellee.

Jerrold J. Ganzfried, William E. Wallace, III (argued), Michael L. Roy, John S. Kingdon, Barbara Friedman, Howrey & Simon, Washington, D.C., William T. Cahill, Thomas P. Cimino, Jr., Pope & John, Chicago, Ill., for defendant-appellant.

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

Order on Denial of Rehearing and Rehearing En Banc November 25, 1992.

CUDAHY, Circuit Judge.

Sands, Taylor & Wood Company (STW) brought this action against The Quaker Oats Company (Quaker) for federal trademark infringement and related state-law claims, alleging that Quaker's use of the words "Thirst Aid" in its advertising slogan "Gatorade is Thirst Aid" infringed STW's registered trademark for THIRST-AID. The district court agreed, and entered judgment...

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