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CIOCIOLA v. HARLEY-DAVIDSON INC.

No. 06-C-00255.

552 F.Supp.2d 845 (2008)

Edward CIOCIOLA, Plaintiff, v. HARLE Y-DAVIDSON INC. and Harley-Davidson Motor Company, Inc., Defendants.

United States District Court, E.D. Wisconsin.

As Amended May 28, 2008.

Attorney(s) appearing for the Case

Michael T. Hopkins, IP Special Counsel Ltd., Milwaukee, WI, for Plaintiff.

Albert E. Hartmann, Monica L. Thompson, DLA Piper US LLP, Chicago, IL, Amy L. Vandamme, Michael Best & Friedrich LLP, Milwaukee, WI, for Defendants.

DECISION AND ORDER

WILLIAM E. CALLAHAN, JR., United States Magistrate Judge.

I. PROCEDURAL AND FACTUAL BACKGROUND

On March 3, 2006, the plaintiff, Edward Ciociola ("Ciociola"), filed a complaint alleging that the defendants, Harley-Davidson Inc. ("H-D, Inc.") and Harley-Davidson Motor Company, Inc. ("Harley-Davidson"), infringed on Ciociola's scarecrow service marks by incorporating and using these...

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