Wilhartz v. Turco Products Inc‪.‬

The plaintiff filed a complaint against the defendant for a declaratory judgment as to the right of the plaintiff to use the words "Auto Shampoo" and for an injunction against the defendants interference with the plaintiffs use thereof. The defendant filed an answer and counterclaim in which it claimed valid Federal trade-marks registered as to "Auto Shampoo" and "Car Shampoo," the registration of the latter under the law of Illinois, infringement by the plaintiff of both marks by the use of "Hurricane Auto Shampoo" in the marketing of an automobile cleanser or cleaning compound, and with unfair competition. The District Court concluded that the trade-marks were invalid because descriptive, and that the plaintiff was not guilty of unfair competition. The court gave judgment for the plaintiff on his complaint, enjoining the defendant from interfering with the plaintiffs use of the words "Hurricane Auto Shampoo," and dismissed the counterclaim. From this judgment, the defendant has appealed.