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

No. 92 C 0552.

797 F.Supp. 1399 (1992)

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

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

July 2, 1992.

Attorney(s) appearing for the Case

Joseph F. Schmidt, Larry L. Saret, Louis Altman, John T. Gabrielides, Laff, Whitesel, Conte & Saret, Chicago, Ill., for plaintiffs Storck USA, L.P. and August Storck K.G.

Alan S. Cooper, Kathy J. McKnight, Mary Gronlund, Banner, Birch, McKie & Beckett, Washington, D.C., James D. Adducci, Jeffrey E. Schiller, Schuyler, Roche & Zwirner, Chicago, Ill., for defendant Farley Candy Co., Inc.

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Plaintiffs Storck USA, L.P. and August Storck K.G. ("Storck") have moved for a second preliminary injunction enjoining Farley Candy Co. ("Farley") from using any trade dress which is confusingly similar to the trade dress of the package and individual-piece wrapper of Storck's Werther's Original butter candy.

FACTS

Since 1980, Storck has continuously distributed Werther's Original...

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