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SULLIVAN v. CBS CORP.

No. 02-2058.

385 F.3d 772 (2004)

Frank M. SULLIVAN III, Plaintiff-Appellant, v. CBS CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 2004.

Attorney(s) appearing for the Case

Annette M. McGarry (argued), Wildman, Harrold, Allen & Dixon, Chicago, IL, for Plaintiff-Appellant.

Richard J. O'Brien, Sidley, Austin, Brown & Wood, David E. Fink, White, O'Connor, Curry, Gatti & Avanzado, Los Angeles, CA, Christopher B. Wilson, Perkins Coie, Chicago, IL, Andrew M. White (argued), White, O'Connor, Curry, Gatti & Avanzado, Los Angeles, CA, for Defendants-Appellees.

Before RIPPLE, MANION, and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Seeking to protect his trademark in the band name "Survivor" (the Band), Frank Sullivan brought an action alleging trademark infringement, federal and common law trademark dilution, unfair competition, and deceptive trade practices against defendants CBS Corporation, CBS Broadcasting, Survivor Productions, TVT Records and Tee Vee Toons, (collectively referred to as CBS), the producers and distributors of music CDs and merchandise bearing...

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