SULLIVAN, District Judge.
This action to recover damages and for an injunction arises from defendant's alleged misuse of plaintiff's trade-mark. The first count of the complaint is based on the Federal Trade-Mark Act, 15 U.S. C.A. § 1051 et seq.; the second count claims unfair competition; the third count claims a violation of Chapter 140, § 22, Ill.Rev.Stat.Ann.
Defendant has moved to strike the third count on the grounds that it is inconsistent...
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