United States Seventh Circuit

In a suit alleging trademark infringement, false designation of origin, and unfair competition claims, summary judgment for defendant is reversed and remanded where: 1) collateral estoppel did not prevent the claims; 2) the mark in question (HOG) was not generic in relation to motorcycle clubs; 3) there was evidence of actual confusion sufficient to create a genuine issue of material fact on the issue of likelihood of confusion; and 4) the district court's ruling on plaintiff's unfair competition claim was premised on its mistaken belief that plaintiff's mark was generic.

Appellate Information

• Argued 03/29/2007
• Decided 08/02/2007
• Published 08/02/2007

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jerre B. Swann (argued), Kilpatrick Stockton, Atlanta, GA, for Plaintiffs-Appellants.


• For Appellees:
  
• John P. Fredrickson, Boyle Fredrickson Newholm Stein & Gratz, Milwaukee, WI, Thomas C. Elliott, Jr. (argued), Chicago, IL, for Defendant-Appellee.