Legal Opinion

The Seven-Up Company v. O-So Grape Co.

District Court, S.D. Illinois

Decided September 30, 1959No. P-2217PublishedCited by 10 opinions

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

  1. Menendez v. HoltSupreme Court of the United States · 1888
  2. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  3. French Republic v. Saratoga Vichy Spring Co.Supreme Court of the United States · 1903
  4. Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953
  5. France Milling Co. v. Washburn-Crosby Co.Court of Appeals for the Second Circuit · 1925

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3Cited by10 opinions

  1. Electronic Communications, Inc. v. Electronic Components for Industry Co.Court of Appeals for the Eighth Circuit · 1971
  2. Laitram Corporation v. Deepsouth Packing CompanyDistrict Court, E.D. Louisiana · 1968
  3. Seven-Up Company v. O-So-Grape Co., Seven-Up Company v. O-So-Grape Co.Court of Appeals for the Seventh Circuit · 1960
  4. Cataphote Corporation v. DeSoto Chemical Coatings, Inc.District Court, N.D. California · 1964
  5. American Snacks, Inc. v. SchaulAppellate Court of Illinois · 1971

5 more not listed; retrieve them via the Exa API.

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