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KOHLER CO. v. MOEN INC.

No. 92-2350.

12 F.3d 632 (1993)

KOHLER CO., Plaintiff/Appellant, v. MOEN INCORPORATED, f/k/a Stanadyne, Inc., Defendant/Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 1993.

Attorney(s) appearing for the Case

Robert L. Titley (argued), Laurence C. Hammond, Jr., Allan W. Leiser, Quarles & Brady, Milwaukee, WI, Lloyd L. Zickert, Adam H. Masia, Chicago, IL, John P. Fredrickson, Nilles & Nilles, Milwaukee, WI, for plaintiff-appellant.

Daniel C. McEachran (argued), Kinzer, Plyer, Dorn, McEachran & Jambor, Chicago, IL, for defendant-appellee.

Before CUDAHY and COFFEY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

COFFEY, Circuit Judge.

This action began in 1987 when Moen, Incorporated ("Moen") filed two applications in the United States Patent and Trademark Office ("PTO") to register a faucet design and a faucet handle design as trademarks. Kohler Company ("Kohler") opposed the applications before the PTO's Trademark Trial and Appeal Board ("TTAB") on the ground that product shapes were not registrable as trademarks. The TTAB dismissed Kohler's oppositions. Kohler sought review...

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