(DOWNLOAD) "Miller Brewing Co. v. Jos. Schlitz Brewing Co." by Seventh Circuit United States Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Miller Brewing Co. v. Jos. Schlitz Brewing Co.
- Author : Seventh Circuit United States Court of Appeals
- Release Date : January 06, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Two years ago we reversed a preliminary injunction order against infringement of Miller Brewing Companys trademark "LITE" for beer. We did so on the ground that "because "light is a generic or common descriptive word when applied to beer, neither that word nor its phonetic equivalent may be appropriated as a trademark for beer." Miller Brewing Co. v. G. Heileman Brewing Co., 561 F.2d 75, 77 (7th Cir. 1977), Cert. denied, 434 U.S. 1025, 98 S. Ct. 751, 54 L. Ed. 2d 772 (1978). The principal question before us now is whether that determination in an interlocutory appeal should be given preclusive effect in another trademark action by Miller to enforce the same trademark against a different defendant, Jos. Schlitz Brewing Company. Holding that it should, the district court entered a summary judgment against Miller, Miller Brewing Co. v. Jos. Schlitz Brewing Co., 449 F. Supp. 852 (E.D.Wis.1978). The judgment is affirmed with respect to the trademark claims and vacated with respect to a joined unfair competition claim, and the case is remanded for further proceedings.
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