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

No. 78-2011.

605 F.2d 990 (1979)

MILLER BREWING COMPANY, Plaintiff-Appellant, v. JOS. SCHLITZ BREWING CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1979.

Attorney(s) appearing for the Case

Anthony L. Fletcher, New York City, for plaintiff-appellant.

Charles W. Bradley, New York City, for defendant-appellee.

Before FAIRCHILD, Chief Judge, and SWYGERT and TONE, Circuit Judges.

TONE, Circuit Judge.

Two years ago we reversed a preliminary injunction order against infringement of Miller Brewing Company's trademark "LITE" for beer. We did so on the ground that "because `light' is a generic or common descriptive word when applied to beer, neither that word nor its phonetic equivalent may be appropriated as a trademark for beer." Miller Brewing Co. v. G. Heileman Brewing Co., 561 F.2d 75, 77 (7th Cir....

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