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LIFEWAY FOODS, INC. v. FRESH MADE, INC.

No. 95 C 7577.

940 F.Supp. 1316 (1996)

LIFEWAY FOODS, INC., an Illinois Corporation, Plaintiff, v. FRESH MADE, INC., a Pennsylvania Corporation, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

October 3, 1996.

Attorney(s) appearing for the Case

David Alan Belofsky, David A. Belofsky & Associates, P.C., Chicago, IL, Steven Shamash, Belofsky & Associates, Chicago, IL, for plaintiff.

John Glenn Pfeiffer, Chicago, IL, for defendant.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Plaintiff Lifeway Foods, Inc., alleges in Count I of its complaint that defendant Fresh Made, Inc., engaged in unfair competition in violation of Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)). In Count II, Plaintiff alleges common law trademark infringement by defendant. In Count III, Plaintiff alleges unfair competition by defendant in violation of the Illinois Deceptive Trade Practices...

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