United States Seventh Circuit

A motion for a preliminary injunction based on a vehicle design, in claims for trademark dilution and infringement under the Lanham Act, was properly denied where movant had no chance of proving at trial that it had a "family of marks" when a competitor started selling its vehicle, and movant waited too long to contend dilution of uniqueness.

Appellate Information

• Argued 10/16/2002
• Decided 11/18/2002
• Published 11/18/2002

Judges

• BAUER, Circuit Judge., Before BAUER, COFFEY, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• John D. LaDue (Argued), Boveri, Murphy, Rice, Ryan & LaDue, South Bend, IN, Christopher Landau (Argued), Kirkland & Ellis, Washington, DC, Paul R. Garcia, Kirkland & Ellis, Chicago, IL, for Plaintiffs-Appellees., David H. Bernstein (Argued), Debevoise & Plimpton, New York, NY, for Defendant-Appellant.