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WESTERN WIS. WATER v. QUALITY BEVERAGES

No. 2006AP1029.

738 N.W.2d 114 (2007)

2007 WI App 188

WESTERN WISCONSIN WATER, INC. d/b/a La Crosse Premium Water, Plaintiff-Appellant, v. QUALITY BEVERAGES OF WISCONSIN, INC. d/b/a JP Hering Company, Jeffrey J. Welter, Acuity, a mutual insurance company, Crystal Canyon Bottled Water and Stephen Welter, Defendants, Auto Owners Insurance Company, Defendant-Respondent-Cross-Appellant, Crystal Canyon, Inc. and Jonathan Swanson, Defendants-Third-Party Plaintiffs-Respondents-Cross-Respondents, v. Jeff Schaitel, Michael Burns and Brian Elder, Third-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed July 25, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Brian E. Butler and Jonathan G. Evenson of Stafford Rosenbaum, LLP, Madison.

On behalf of the defendant-respondent-cross-appellant, the cause was submitted on the briefs of Mark A. Pilney of Reding & Pilney, PLLP of Lake Elmo, Minnesota.

On behalf of the defendants-third-party plaintiffs-respondents-cross respondents, the cause was submitted on the briefs of Michael L. Stoker and Cheryl M. Gill of Johns, Flaherty & Collins, S.C., LaCrosse and Arthur E. Kurtz and Andrew J. Clarkowski of Axley Brynelson, LL., Madison.

Before SNYDER, P.J., NETTESHEIM and ANDERSON, JJ.

¶ 1 SNYDER, P.J.

Western Wisconsin Water, Inc., d/b/a La Crosse Premium Water (Western) appeals from a judgment dismissing its claims for trademark infringement against Crystal Canyon, Inc., and its president, Jonathan Swanson. The matter was tried to a jury, which held in favor of Western. Following motions after the verdict, the circuit court judge held that there was insufficient evidence to support the jury's finding of causation. The court changed the verdict...

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