The Seven-Up Company v. O-So Grape Co.
District Court, S.D. Illinois
1Opinion of the Court
MERCER, Chief Judge.
By its complaint in this cause, filed March 20, 1959, plaintiff, The Seven-Up Company, prays injunctive relief and an accounting by defendants for profits growing out of alleged infringement of plaintiff’s trade-mark “7 Up” and alleged unfair competition. In summary, the complaint alleges: Since 1928 plaintiff has used its registered trade-marks “7 Up” and also “Seven Up”, in the marketing and exploitation of a soft drink; that plaintiff has expended large sums of money in advertising, marketing and promoting the sale and public acceptance of its product under the “7 Up”…
2Cases cited26 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- French Republic v. Saratoga Vichy Spring Co.Supreme Court of the United States · 1903
- Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953
- France Milling Co. v. Washburn-Crosby Co.Court of Appeals for the Second Circuit · 1925
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3Cited by10 opinions
- Electronic Communications, Inc. v. Electronic Components for Industry Co.Court of Appeals for the Eighth Circuit · 1971
- Laitram Corporation v. Deepsouth Packing CompanyDistrict Court, E.D. Louisiana · 1968
- Seven-Up Company v. O-So-Grape Co., Seven-Up Company v. O-So-Grape Co.Court of Appeals for the Seventh Circuit · 1960
- Cataphote Corporation v. DeSoto Chemical Coatings, Inc.District Court, N.D. California · 1964
- American Snacks, Inc. v. SchaulAppellate Court of Illinois · 1971
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