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MIL-MAR SHOE CO., INC. v. SHONAC CORP.

No. 95-3588.

75 F.3d 1153 (1996)

MIL-MAR SHOE COMPANY, INCORPORATED, Plaintiff-Appellee, v. SHONAC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 1996.

Attorney(s) appearing for the Case

Michael B. Apfeld (argued), Michael Ash, Nicholas A. Kees, Godfrey & Kahn, Milwaukee, WI, for Mil-Mar Shoe Company, Incorporated dba Warehouse Shoes.

Michael E. Husmann, Jonathan H. Margolies, Dyann L. Bumpke (argued), Kimberly Cash Tate, Michael, Best & Friedrich, Milwaukee, WI, for Shonac Corporation.

Before BAUER, FLAUM, and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

Mil-Mar Shoe Company, Inc., ("Mil-Mar") brought this action against the Shonac Corporation ("Shonac"), in Wisconsin state court, alleging common law trade name infringement, statutory trademark infringement under Wis.Stat. § 132.033, and unfair competition. Mil-Mar, owner of a chain of stores under the name "Warehouse Shoes," sought a temporary restraining order and a preliminary injunction to prevent Shonac from using the name "DSW Shoe...

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