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NUPULSE, INC. v. SCHLUETER CO.

No. 87-2702.

853 F.2d 545 (1988)

NUPULSE, INC., Plaintiff-Appellant, v. The SCHLUETER COMPANY, Bradley Losching, and Bernard A. Losching, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 28, 1988.

Attorney(s) appearing for the Case

Walter Kuhlmann, Boardman, Suhr, Curry & Field, Madison, Wis., for plaintiff-appellant.

Richard E. Rosenberg, Nowlan & Mouat, Janesville, Wis., for defendants-appellees.

Before BAUER, Chief Judge, and CUDAHY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

The appellant NuPulse, Inc. (NuPulse) prevailed on the merits after a bench trial in an unfair competition suit against The Schlueter Company (Schlueter) and two of its officers. The district court, however, rejected NuPulse's petition for attorneys' fees on the ground that attorneys' fees are not available in actions brought under section 43 of the Lanham Act, 15 U.S.C. § 1125. Schlueter has not appealed from the judgment against it on...

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