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ZELINSKI v. COLUMBIA 300, INC.

Nos. 02-2431, 02-2574.

335 F.3d 633 (2003)

George ZELINSKI, Jr. and Pin Breaker, Inc., an Illinois corporation, Plaintiffs-Appellees, Cross-Appellants, v. COLUMBIA 300, INC., a Texas corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 10, 2003.

Rehearing and Rehearing Denied, August 11, 2003.

Attorney(s) appearing for the Case

Stephen G. Kehoe (argued), Chicago, IL, Mark E. Wiemelt, Chicago, IL, for Plaintiffs-Appellants.

Todd A. Prins, Elias (argued), San Antonio, TX, Robert M. Riffle, Elias, Meginnes, Riffle & Seghetti, Peoria, IL, for Defendant-Appellee.

Before BAUER, RIPPLE, and EVANS, Circuit Judges.

Rehearing and Rehearing En Banc Denied, August 11, 2003.

TERRENCE T. EVANS, Circuit Judge.

Columbia 300 sold bowling balls and manufactured boxes under the federally registered mark "Pin Breaker"—without the written permission of George Zelinski, Jr., the owner of the mark. Zelinski and Pin Breaker, Inc. (which Zelinski co-owns with his father) sued Columbia and won actual and punitive damages. The parties filed post-trial motions and, while Columbia...

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