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MOUNTAIN TOP BEVERAGE GROUP, INC. v. WILDLIFE BREWING N.B., INC.

No. 04-4075.

432 F.3d 651 (2005)

MOUNTAIN TOP BEVERAGE GROUP, INC., Plaintiff-Appellant, v. WILDLIFE BREWING N.B., INC.; James Sorenson, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 22, 2005.

Attorney(s) appearing for the Case

ARGUED: David L. Petitjean, Chappano Wood, Columbus, Ohio, for Appellees. ON BRIEF: Thomas P. Whelley II, Rachael L. Rodman, Chernesky, Heyman & Kress, Dayton, Ohio, for Appellant. David L. Petitjean, Chappano Wood, Columbus, Ohio, for Appellees.

Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Plaintiff Mountain Top Beverage Group appeals the district court's grant of summary judgment in favor of Wildlife Brewing and James Sorenson on Mountain Top's trademark infringement claims under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and related state law claims, and the district court's cancellation of Mountain Top's "Wildcat" trademarks. After reviewing the record, the parties' briefs, and the applicable law...

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