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H-D MICHIGAN, INC. v. TOP QUALITY SERVICE, INC.

No. 06-3618.

496 F.3d 755 (2007)

H-D MICHIGAN, INC. and Harley-Davidson Motor Company, Inc., Plaintiffs-Appellants, v. TOP QUALITY SERVICE, INC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 2007.

Attorney(s) appearing for the Case

Jerre B. Swann (argued), Kilpatrick Stockton, Atlanta, GA, for Plaintiffs-Appellants.

John P. Fredrickson, Boyle Fredrickson Newholm Stein & Gratz, Milwaukee, WI, Thomas C. Elliott, Jr. (argued), Chicago, IL, for Defendant-Appellee.

Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

FLAUM, Circuit Judge.

H-D Michigan, Inc. and Harley Davidson Motor Co., Inc. (collectively, "Harley") sued Top Quality Service, Inc. ("Top Quality"), alleging trademark infringement, false designation of origin, and unfair competition claims under the Lanham Act, 15 U.S.C. § 1125(a), and state law. According to Harley's complaint, Top Quality's use of the name, "HOGS ON THE HIGH SEAS," which it uses to advertise ocean cruises for motorcycle enthusiasts, infringes...

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