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BD. OF REGENTS, UNIV. OF WIS. v. PHOENIX INTERN.

No. 08-4164.

630 F.3d 570 (2010)

BOARD OF REGENTS OF the UNIVERSITY OF WISCONSIN SYSTEM, Plaintiff-Appellee, v. PHOENIX INTERNATIONAL SOFTWARE, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 2010.

Attorney(s) appearing for the Case

Anthony A. Tomaselli (argued), Quarles & Brady, Madison, WI, for Plaintiff-Appellee.

Jon E. Brightmire (argued), Doerner, Saunders, Daniel & Anderson, Tulsa, OK, for Defendant-Appellant.

Before FLAUM, WOOD, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Phoenix International Software created software that it called Condor and registered the CONDOR mark with the Patent and Trademark Office (PTO) for "computer software for on-line programming development, library management and system utilities functioning on mainframe systems." Phoenix used this mark since June 1978 and registered it in January 1997. The delay in registration was due to a prior, separate registered CONDOR mark not at issue here...

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