Legal Opinion
Web Printing Controls Co., Inc. v. Oxy-Dry Corporation
Court of Appeals for the Seventh Circuit
Decided July 18, 1990No. 89-3447PublishedCited by 93 opinions
1Opinion of the Court
ESCHBACH, Senior Circuit Judge.
Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), is the main focus of this appeal. In the court below Web Printing Controls Company, Inc. (WPC) brought a “reverse passing off” 1 claim against Oxy-Dry Corporation (Oxy-Dry). After a bench trial the district court entered judgment in Oxy-Dry’s favor. The court found as true much of what WPC alleged. It believed, however, that where, as here, a plaintiff seeks to recover noninjunctive relief under the Lanham Act, the plaintiff must show injury caused by actual confusion; and it concluded that WPC failed to make…
2Cases cited9 opinions
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
- Georgia Lee Miller Roulo, Cross-Appellant v. Russ Berrie & Co., Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1989
- Otis Clapp & Son, Inc. v. Filmore Vitamin Company D/B/A Medique ProductsCourt of Appeals for the Seventh Circuit · 1985
- Paul Smith, an Individual v. Edward L. Montoro and Film Ventures International Inc.Court of Appeals for the Ninth Circuit · 1981
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc. And Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- L.S. Heath & Son, Inc. v. At & T Information Systems, Inc.Court of Appeals for the Seventh Circuit · 1993
- Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
- Basf Corporation, Plaintiff-Appellant/cross-Appellee v. Old World Trading Company, Incorporated, Defendant-Appellee/cross-AppellantCourt of Appeals for the Seventh Circuit · 1994
- Balance Dynamics Corporation v. Schmitt Industries, IncorporatedCourt of Appeals for the Sixth Circuit · 2000
- Badger Meter, Incorporated, Cross-Appellee v. Grinnell Corporation and Mueller CompanyCourt of Appeals for the Seventh Circuit · 1994
88 more not listed; retrieve them via the Exa API.