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STORCK USA, L.P. v. FARLEY CANDY CO., INC.

No. 92 C 0552.

785 F.Supp. 730 (1992)

STORCK USA, L.P. and August Storck K.G., Plaintiffs, v. FARLEY CANDY COMPANY, INC., Defendant.

United States District Court, N.D. Illinois, E.D.

January 31, 1992.

Attorney(s) appearing for the Case

Larry L. Saret, Joseph F. Schmidt, John T. Gabrielides, Laff, Whitesel, Conte & Saret, Chicago, Ill., for plaintiffs.

James Dominick Adducci, Jeffrey Edward Schiller, Schuyler, Roche & Zwirner, Chicago, Ill., Alan S. Cooper, Banner, Birch, McKie & Beckett, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Plaintiffs Storck USA, L.P. and August Storck K.G. ("Storck") have moved the court for a preliminary injunction enjoining defendant Farley Candy Co. ("Farley") from using any trade dress or trademark which is confusingly similar to the package used by Storck for its Werther's Original candy.

FACTS

Since 1980, Storck has continuously distributed...

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