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TRUSERV CORP. v. FLEGLES, INC.

No. 04-3819.

419 F.3d 584 (2005)

TRUSERV CORPORATION, Plaintiff-Appellee, v. FLEGLES, INC. and Alice Mae Flegle, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2005.

Attorney(s) appearing for the Case

David J. Chizewer (argued), Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Chicago, IL, for Plaintiff-Appellee.

Jim L. Flegle (argued), Loewinsohn & Flegle, Dallas, TX, for Defendants-Appellants.

Before COFFEY, RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

This case arises out of a twenty-year relationship between the owners of a hardware store and the wholesaler with which they worked. Flegles, Inc. ("Flegles"), owned and operated a True Value hardware and lumber store in Bardwell, Kentucky. By becoming a member of the TruServ cooperative, Flegles was able to use the True Value trademark and to benefit from group buying power and group billing procedures. On January 20, 2000, Flegles and TruServ...

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