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SUNMARK, INC. v. OCEAN SPRAY CRANBERRIES, INC.

No. 95-1017.

64 F.3d 1055 (1995)

SUNMARK, INC., Plaintiff-Appellant, v. OCEAN SPRAY CRANBERRIES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1995.

Attorney(s) appearing for the Case

George W. Hamman, Marvin Benn, Dawn M. Cassie (argued), Hamman & Benn, Chicago, IL, for plaintiff-appellant.

Lynn A. Tannehill, John W. Kozak, Leydig, Voit & Mayer, Chicago, IL, David H.T. Kane (argued), Siegrun D. Kane, Kathleen E. McCarthy, Chrystal A. LeRoy, Kane, Dalsimer, Sullivan, Kurucz, Levy, Eisele & Richard, New York City, for defendant-appellee.

Before BAUER, WOOD, Jr., and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Sunmark produces Swee TARTS, a popular fruit-flavored sugar candy most often sold in a tablet form similar to a brightly colored aspirin. Ocean Spray Cranberries produces a variety of sugar-flavored cranberry juice drinks that they often advertise as tasting sweet and tart — or "sweet-tart." For want of a conjunction, Sunmark prays for an injunction; unhappy with the hyphenated version of the description, it has sued under...

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