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ILLINOIS HIGH SCHOOL ASS'N v. GTE VANTAGE INC.

No. 96-1981.

99 F.3d 244 (1996)

ILLINOIS HIGH SCHOOL ASSOCIATION, Plaintiff-Appellant, v. GTE VANTAGE INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1996.

As Amended December 3, 1996.

Attorney(s) appearing for the Case

Nicole M. Smith, Michael J. Hayes, Richard W. Young (argued), Darren S. Cahr, Gardner, Carton & Douglas, Chicago, IL, Stephen A. Kouri, John A. Slevin, Vonachen, Lawless, Trager & Slevin, Peoria, IL, for Plaintiff-Appellant.

Stephen D. Gay, Jeffrey A. Ryva, Husch & Eppenberger, Peoria, IL, Michael Elbein, Gerald M. Kraai (argued), Litman, McMahon & Brown L.L.C., Kansas City, MO, for Defendant-Appellee.

Before POSNER, Chief Judge, and WOOD, Jr., and ESCHBACH, Circuit Judges.

POSNER, Chief Judge.

This is an appeal from the denial of a preliminary injunction sought by the Illinois High School Association to protect its trademark "March Madness" against infringement by GTE Vantage Inc. Vantage holds a license for the mark from the National Collegiate Athletic Association. The appeal presents a novel issue of trademark law.

Since the early 1940s, the Illinois High School Association, sponsor of the Illinois high school basketball...

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