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MILLER BREWING CO. v. JOS. SCHLITZ BREWING CO.

No. 75-C-636.

449 F.Supp. 852 (1978)

MILLER BREWING COMPANY, Plaintiff, v. JOS. SCHLITZ BREWING CO., Defendants.

United States District Court, E. D. Wisconsin.

April 6, 1978.

Attorney(s) appearing for the Case

Quarles & Brady by Paul Noelke, Allen W. Leiser and Ronald E. Klipsch, Milwaukee, Wis., for plaintiff; Anthony L. Fletcher of Conboy, Hewitt, O'Brien & Boardman, New York City, of counsel.

Andrus, Sceales, Starke & Sawall by Eugene R. Sawall, Milwaukee, Wis., for defendants; Beverly W. Pattishall, Lawrence S. Wick of Pattishall, McAuliffe & Hofstetter, Chicago, Ill., of counsel.

DECISION AND ORDER

MYRON L. GORDON, District Judge.

The defendant has filed a motion for partial summary judgment dismissing those counts of the plaintiff's complaint which depend upon the plaintiff's ownership of the trademark "Lite" for its beer. The defendant's motion also seeks an order directing the Commissioner of Patents and Trademarks to rectify the register by cancelling the plaintiff's registrations of "Lite." The defendant has also filed a motion...

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