The Seven-Up Company v. The Get Up Corporation

The Seven-Up Company, our appellant, sued The Get Up Corporation for infringement of its trademark and for unfair competition. The action was tried by the District Court without a jury. That court heard extensive evidence, made findings of fact, reached conclusions of law, rendered an opinion, and' dismissed the complaint. The opinion was emphatic and in parts phrased colloquially, but it was clear in its holdings.. We find in it no error affecting substantial rights of the appellant-plaintiff..

Appellant urges that the trial court, applied to the problem a test of likelihood of confusion of…