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FOAMATION, INC. v. WEDEWARD ENTERPRISES, INC.

No. 96-C-1047.

970 F.Supp. 676 (1997)

FOAMATION, INC., Plaintiff and Counterclaim Defendant, v. WEDEWARD ENTERPRISES, INC., Thomas and Rose Wedeward, Reiss Industries, Inc., and Thomas J. Reiss, Jr., Defendants, and SCOFIELD SOUVENIR & POST CARD COMPANY, Defendant and Counterclaimant, v. AD CETERA SPORTS MARKETING, INC., Counterclaim Defendant.

United States District Court, E.D. Wisconsin.

July 22, 1997.

Attorney(s) appearing for the Case

Gary A. Essmann, Andrus, Sceales, Starke & Sawall, Milwaukee, WI, Arthur J. Hansmann, Hansmann Law Office, Racine, WI, for plaintiff and counterclaim defendant.

John P. Fredrickson, Michael J. Gratz, Nilles & Nilles, Peter J. Stone, Paul Bargren, Ralph H. Lane, Foey & Lardner, Milwaukee, WI, for defendant and counterclaimant.

DECISION AND ORDER

CALLAHAN, United States Magistrate Judge.

Background

On September 12, 1996, the plaintiff, Foamation, Inc. ("Foamation"), filed this action for copyright infringement, federal unfair competition, and state trademark infringement. Its claims arise out of its allegedly having a copyright and protectable trade dress interest, among other things, in a "novelty hat" consisting "of a wearable sculpture in the form of a cheese wedge...

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