John Walker and Sons, Ltd. v. DeMert & Dougherty, Inc.

821 F.2d 399 (1987)

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John Walker and Sons, Ltd. v. DeMert & Dougherty, Inc.

United States Court of Appeals for the Seventh Circuit
821 F.2d 399 (1987)

SH

Facts

John Walker and Sons, Ltd. (Walker) (plaintiff) sold Scottish-produced whiskey on a worldwide basis under its “Black Label” and “Striding Figure” trademarks. DeMert & Dougherty, Inc. (DeMert) (defendant) was a filler of aerosol cans. Collection 2000 International, Inc.; Blasser Brothers, Inc. S.A.; Joseph Blasser; and Eduardo Blasser (collectively, Collection 2000) (defendants) marketed cosmetics and personal care products. In November 1982, Collection 2000 engaged DeMert to produce approximately 50,000 spray deodorant cans featuring alleged simulations of the Black Label and Striding Figure trademarks. Collection 2000 provided the artwork for the cans, and DeMert filled the spray deodorant cans and shipped them from its place of business in Illinois to a warehouse in Florida. The cans were subsequently sold in Panama and Colombia. Walker filed suit alleging that the placement of artwork on the spray deodorant cans and their shipment and subsequent sale constituted trademark infringement in violation of the Lanham Act. The trial court granted DeMert’s motion for summary judgment on Walker’s complaint on the ground that DeMert had not placed the allegedly infringing cans in interstate commerce as required under the Lanham Act. Walker appealed.

Rule of Law

Issue

Holding and Reasoning (Coffey, J.)

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