United States Seventh Circuit

In a suit for trademark infringement and unfair competition against a baseball bat manufacturer and a prominent former baseball player, summary judgment for defendant is affirmed where: 1) plaintiff produced no evidence of any use of the mark in commerce; 2) the district court did not abuse its discretion in cancelling plaintiff's mark; and 3) there was no clear error in the award of attorney's fees to defendant, since plaintiff's actions in bringing the lawsuit qualified as oppressive.

Appellate Information

• Argued 05/02/2007
• Decided 07/09/2007
• Published 07/09/2007

Judges

• EVANS, Circuit Judge., Before EVANS, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Martin Tiersky (argued), Lincolnwood, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• James F. Best (argued), Best, Vanderlaan & Harrington, Wheaton, IL, for Defendants-Appellees.