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MILLER BREWING CO. v. G. HEILEMAN BREWING CO.

No. 77-1246.

561 F.2d 75 (1977)

MILLER BREWING COMPANY, Plaintiff-Appellee, v. G. HEILEMAN BREWING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1977.

Rehearing and Rehearing Denied September 14, 1977.

Attorney(s) appearing for the Case

James Van Santen, Chicago, Ill., Steven E. Keane, Milwaukee, Wis., for defendant-appellant.

Glen H. Kanwit, Chicago, Ill., Anthony L. Fletcher, New York City, Allan W. Leiser, Milwaukee, Wis., John D. Winner, Madison, Wis., for plaintiff-appellee.

William A. Marshall, Beverly W. Pattishall, Chicago, Ill., for amicus curiae.

Before TONE, BAUER and WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 1977.

TONE, Circuit Judge.

This appeal presents the question whether a misspelled version of the word "light" can become a trademark for a "less filling, low-calorie beer." The District Court answered the question affirmatively and, based on that determination, granted a preliminary injunction, which this court has stayed pending appeal. We hold that, because "light...

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