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MODERN FENCE TECHNOLOGIES v. QUALIPAC HOME IMP.

Case No. 08-C-543.

726 F.Supp.2d 975 (2010)

MODERN FENCE TECHNOLOGIES, INC., Plaintiff, v. QUALIPAC HOME IMPROVEMENT CORP., Defendant.

United States District Court, E.D. Wisconsin.

June 22, 2010.

Attorney(s) appearing for the Case

Donald J. Ersler, Donald J. Ersler SC, Brookfield, WI, Philip P. Mann, Mann Law Group, Seattle, WA, for Plaintiff.

Alexander Chen, Ali Kamarei, Inhouse Co., Palo Alto, CA, Jennifer Ab Kreil, Michael J. Cohen, Meissner Tierney Fisher & Nichols SC, Milwaukee, WI, for Defendant.

DECISION AND ORDER

WILLIAM E. CALLAHAN, JR., Magistrate Judge.

I. BACKGROUND

On June 25, 2008, the plaintiff, Modern Fence Technologies, Inc. ("Modern Fence"), filed an action in the Eastern District of Wisconsin for "infringement of federally registered and common law trademark rights (Counts I and II), false designation of origin under Section 43(a) of the Lanham Act (Count III) and Unfair Competition (Count IV)," against the defendant, Qualipac...

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