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JAY FRANCO & SONS, INC. v. FRANEK

No. 09-2155.

615 F.3d 855 (2010)

JAY FRANCO & SONS, INC., Plaintiff-Appellee, v. Clemens FRANEK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Ezra Sutton (argued), Attorney, Woodbridge, NJ, for Plaintiff-Appellee.

Mark D. Roth (argued), Attorney, Orum & Roth, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief judge, and POSNER and EVANS, Circuit Judges.

EASTERBROOK, Chief Judge.

The same year Huey Lewis and the News informed America that it's "Hip To Be Square", Clemens Franek sought to trademark the circular beach towel. His company, CLM Design, Inc., pitched the towel as a fashion statement—"the most radical beach fashion item since the bikini," declared one advertisement. "Bound to be round! Don't be square!" proclaimed another. CLM also targeted lazy sunbathers: "The round shape eliminates the need to...

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