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BINGHAM v. INTER-TRACK PARTNERS

No. 3-91-0790.

600 N.E.2d 70 (1992)

234 Ill. App.3d 615

175 Ill.Dec. 447

James BINGHAM and Linda Bingham, his wife, d/b/a "Winner's Circle" and "Winner's Circle Speed & Custom", and Winner's Circle Speed & Custom, Inc., an Illinois Corporation, Plaintiffs-Appellants, v. INTER-TRACK PARTNERS, an Illinois Partnership, Defendant-Appellee.

Appellate Court of Illinois, Third District.

September 8, 1992.

Attorney(s) appearing for the Case

James T. Bradley (argued), Joliet, for James Bingham.

Philip Petti, Chicago, Michael J. Martin (argued), Dunn, Martin & Miller, Ltd., Joliet, for Inter-Track Partners.

Justice McCUSKEY delivered the opinion of the court: Plaintiffs James and Linda Bingham are the sole shareholders of plaintiff Winner's Circle Speed and Custom, Inc. Plaintiffs appeal from a judgment in favor of defendant, Inter-Track Partners, in an action to prevent defendant from using the trade name "Winner's Circle." Plaintiffs contend that the trial court erred when it: (1) found plaintiffs' mark was invalid; (2) found that no likelihood of confusion...

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