Legal Opinion
Miller Brewing Company v. G. Heileman Brewing Company, Inc.
Court of Appeals for the Seventh Circuit
Decided September 14, 1977No. 77-1246PublishedCited by 180 opinions
1Opinion of the Court
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” is a generic or common descriptive word when applied to beer, neither that word nor its phonetic equivalent may be appropriated as a trademark for beer. We therefore reverse the preliminary injunction order.
In May of 1967 a now defunct…
2Cases cited10 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Ces Publishing Corp., Plaintiff-Appellant-Cross-Appellee v. St. Regis Publications, Inc. Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1975
- Roselux Chemical Co., Inc., Bonnie-Lan, Inc., and Proxite Products, Inc. v. Parsons Ammonia Company, Inc.Court of Customs and Patent Appeals · 1962
5 more not listed; retrieve them via the Exa API.
3Cited by180 opinions
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
- Genesee Brewing Company, Inc., D/B/A Highfalls Brewing Company v. Stroh Brewing Company, D/B/A Northern Plains Brewing CompanyCourt of Appeals for the Second Circuit · 1997
- Soweco, Inc. v. Shell Oil Company, Etc. And Shell Chemical Company, Etc.Court of Appeals for the Fifth Circuit · 1980
- The Vision Center, Cross v. Opticks, Inc., Will Ross, Inc. And G. D. Searle & Co., CrossCourt of Appeals for the Fifth Circuit · 1979
175 more not listed; retrieve them via the Exa API.