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ECO MFG. LLC. v. HONEYWELL INTERN., INC.

No. 03-2704.

357 F.3d 649 (2003)

ECO MANUFACTURING LLC, Plaintiff-Appellee, v. HONEYWELL INTERNATIONAL INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 31, 2003.

Rehearing Denied January 21, 2004.

Attorney(s) appearing for the Case

David M. Lockman (argued), Maginot, Moore & Bowman, Indianapolis, IN, for Plaintiff-Appellee.

Christopher Landau (argued), Kirkland & Ellis, Washington, DC, Paul R. Garcia, Kirkland & Ellis, Chicago, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge. and EASTERBROOK and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

Eco Manufacturing proposes to make a thermostat similar in appearance to Honeywell's well-known circular, convex model with a round dial. Honeywell's model (which it calls "The Round") is on the left, Eco's on the right:

After receiving Honeywell's demand that it cease and desist, Eco filed this action seeking a declaratory judgment that its product would not infringe Honeywell's intellectual-property rights. Honeywell...

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