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FABICK, INC. v. JFTCO, INC.

Nos. 19-1760 & 19-1872.

944 F.3d 649 (2019)

FABICK, INC., Plaintiff-Appellant, Cross-Appellee, v. JFTCO, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 9, 2019.

Attorney(s) appearing for the Case

Cathleen Anne Dettmann , Attorney, PALMERSHEIM DETTMANN, S.C., Middleton, WI, for Plaintiff-Appellant.

Jessica H. Polakowski , Attorney, REINHART, BOERNER, VAN DEUREN, Madison, WI, Marc W. Vander Tuig , Attorney, ARMSTRONG TEASDALE, St. Louis, MO, for Defendant-Appellee.

Before Flaum, Rovner, and Hamilton, Circuit Judges.

Two non-competing Midwestern companies operated by brothers used marks containing the family name, Fabick. The owner of the registered mark (or "senior user") (Fabick, Inc., or "FI"), a small manufacturer of sealants, sued the "junior user" (JFTCO, Inc.), a larger distributor of Caterpillar...

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