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UNELKO CORP. v. PRESTONE PRODUCTS CORP.

No. 96-3694.

116 F.3d 237 (1997)

UNELKO CORP., Plaintiff-Appellee, v. PRESTONE PRODUCTS CORP., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 1997.

Attorney(s) appearing for the Case

Seymour Rothstein (argued), Allegretti & Witcoff, Christopher J. Renk, J. Pieter van Es, Banner & Witcoff, Chicago, IL, for Plaintiff-Appellee.

Damon E. Dunn (argued), Levin & Funkhouser, Chicago, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and CUMMINGS and FLAUM, Circuit Judges.

POSNER, Chief Judge.

This trademark contract case turns on the meaning of the word "marketed." Unelko, the plaintiff, produces a water repellent for application to car windows, which it sells under its federally registered trademark "Rain-X" in a bright yellow plastic bottle with a black cap. The bottle is packaged in a black box, but is sometimes displayed without the box. Unelko has been marketing Rain-X since 1972, and has advertised it extensively. It has become...

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