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

DUFFY, Circuit Judge.

This is a suit for trademark infringement, unfair competition and trademark dilution respecting plaintiff’s registered trademark “Seven-Up (7-Up).” Plaintiff complains of defendants’ use of the trademark “Bubble Up.” Injunctive relief was asked against the “Up” portion of “Bubble Up.” Accounting and damages were also asked by plaintiff.

Defendants answered with a general denial and affirmative defenses of laches and acquiescence. Under Rule 42(b), Federal Rules of Civil Procedure, 28 U.S. C.A., defendants moved for a separate trial on the issue of laches. Extensive oral…