Union Carbide Corp. v. Ever-Ready, Inc.
United States Court of Appeals for the Seventh Circuit
531 F.2d 366 (1976)
- Written by Sarah Holley, JD
Facts
Beginning in 1909, Union Carbide Corp. (Carbide) (plaintiff) and its predecessors manufactured and sold electric batteries, flashlights, and miniature bulbs under the registered trademark Eveready. Carbide made considerable efforts to advertise its Eveready products to consumers and had since the beginning of 1960 realized annual sales in excess of $100 million. When Ever-Ready, Inc. (defendant) began to import and sell miniature bulbs with the term Ever-Ready included on its products and packaging, Carbide initiated suit for trademark infringement and unfair competition. The district court found no unfair competition and declared Carbide’s mark, Eveready, as descriptive and, therefore, invalid. Carbide appealed.
Rule of Law
Issue
Holding and Reasoning (Pell, Jr., J.)
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