Union Carbide Corp. v. Ever-Ready Inc‪.‬

Union Carbide Corporation brought this action against Ever-Ready Incorporated alleging trademark infringement and unfair competition. In issue on this appeal are 1) whether the district court erred in declaring Carbides trademark, EVEREADY, invalid; 2) whether the district court erred in finding that defendants use of Ever-Ready on electrical products was not likely to cause confusion; and 3) whether the district court erred in holding that defendants use of Ever-Ready does not constitute unfair competition or dilution under Illinois statutes. In the district court Ever-Ready raised the affirmative defenses of laches and misuse of trademark in violation of the antitrust laws. Prior to trial the antitrust issues were severed for separate trial pursuant to Fed. R. Civ. P. 42(b) and are not involved in this appeal.