Wednesday, August 8, 2007

United States Court of Appeals for the Seventh Circuit on appeal from the Eastern District of Wisconsin (Dane County)

H-D Michigan, Inc. and Harley Davidson Motor Co., Inc. (collectively, “Harley”) sued Top Quality Service, Inc. (“Top Quality”), alleging trademark infringement, false designation of origin, and unfair competition claims under the Lanham Act, 15 U.S.C. § 1125(a), and state law.
The district concluding that a Second Circuit decision collaterally estopped Harley from bringing trademark claims premised on its use of the word “hog” to refer to motorcycle products or services. Harley appeals the district court’s ruling granting Top Quality’s motion for summary judgment. For the following reasons, we reverse and remand.
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