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FIRST WIS. NAT. BANK OF MILWAUKEE v. WICHMAN

No. 76-124.

85 Wis.2d 54 (1978)

270 N.W.2d 168

FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, and another, Respondents, v. WICHMAN, d/b/a First Wisconsin Home Company, Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hamilton T. Hoyt and Hoyt, Greene & Meissner, S. C. attorneys, and Ronold P. Platner, of counsel, all of Milwaukee, and oral argument by Hamilton T. Hoyt.

For the respondent there was a brief by Robert A. Christensen and Foley & Lardner of Milwaukee, and oral argument by Robert A. Christensen.

HEFFERNAN, J.

This action was brought by the plaintiffs, First Wisconsin National Bank of Milwaukee and First Wisconsin Bankshares Corporation, to enjoin Gerald E. Wichman from using the words, "First Wisconsin," in the name of his home building company. The plaintiffs relied on the common law tort of infringement. Although defendant Wichman acknowledges that the words, "First Wisconsin," have acquired a secondary meaning...

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