Dad's Root Beer Co. v. Doc's Beverages, Inc.

CLARK, Circuit Judge.

The plaintiff is an Illinois corporation, founded as a general carbonated drink manufacturer in 1927. For the last ten years it has concentrated its manufacturing and advertising efforts on its root beer product, Dad’s Old Fashioned Root Beer. Though itself marketing this product only in the Chicago area it grants franchises to bottling concerns elsewhere, which then buy the concentrate from it and sell the mixed root beer locally. This is pursuant to a market expansion program begun in 1938 upon which it has spent over $1,000,000 on *78nationwide advertising. The defendants…