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SEVEN-UP COMPANY v. BLUE NOTE

No. 57 C 208.

159 F.Supp. 248 (1958)

The SEVEN-UP COMPANY, a corporation, v. The BLUE NOTE, Inc., a corporation.

United States District Court N. D. Illinois.

February 11, 1958.

Attorney(s) appearing for the Case

Woodson, Pattishall & Garner, Chicago, Ill., for plaintiff.

Sidney R. Zatz, Jack H. Oppenheim, Henry J. Shames, Chicago, Ill., for defendant.

JULIUS J. HOFFMAN, District Judge.

The plaintiff, The Seven-Up Company, owns the registered trade-mark for the beverage "Seven-Up." The defendant, Blue-Note, Inc., operates a restaurant and place of entertainment at 3-7 N. Clark Street, in Chicago. This action was brought for damages and injunctive relief against the defendant's alleged practice of passing off as "Seven-Up," to customers requesting that drink, a beverage other than the plaintiff's product.

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