Court of Appeals for the Seventh Circuit September 13, 1961, 13211_1 (Borg-Warner Corporation v. York-Shipley, Inc.)

DUFFY, Circuit Judge.

The complaint herein contains counts for unfair competition, trademark infringement and trademark cancellation involving the word YORK used both as a trademark and a trade name. Plaintiff claims prior use of the name and trademark YORK for ice-making machinery, refrigeration apparatus, air-conditioning equipment and furnace and heating products.