Pikle-Rite Co. v. Chicago Pickle Co.

171 F. Supp. 671 (1959)

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Pikle-Rite Co. v. Chicago Pickle Co.

United States District Court for the Northern District of Illinois
171 F. Supp. 671 (1959)

Facts

In August 1956, Pikle-Rite Company (Pikle-Rite) (plaintiff) obtained a federal trademark registration for its Polka mark, which Pikle-Rite had long used in connection with the sale of various types of pickles. In December 1956, Chicago Pickle Company (Chicago Pickle) (defendant) started selling its own pickles in bottles under the Pol-Pak mark. Pikle-Rite sued Chicago Pickle for trademark infringement, arguing that Chicago Pickle should be enjoined from using the Pol-Pak mark because the mark was confusingly similar to Pikle-Rite’s Polka mark when used in connection with the sale of bottled pickles. Pikle-Rite also claimed that Chicago Pickle’s infringement was willful and therefore warranted an award of monetary damages. Chicago Pickle denied infringement, arguing that the two marks, as they appeared on commercial labels, were not confusingly similar when compared side by side.

Rule of Law

Issue

Holding and Reasoning (Hoffman, J.)

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