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

No. 08-4164.

653 F.3d 448 (2011)

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.

Reargued March 30, 2011.

Decided August 5, 2011.

Attorney(s) appearing for the Case

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

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

Before FLAUM, WOOD, and TINDER, Circuit Judges.

WOOD, Circuit Judge.

This case presents complex questions about the law of trademark and the law of sovereign immunity, as the latter applies to a state university. The contending parties are Phoenix International Software, Inc., a small software developer, and the Board of Regents of the University of Wisconsin System, which is an arm of the state of Wisconsin. Their dispute centers around two computer programs, each of which holds the registered trademark "CONDOR...

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