Mil-Mar Shoe Co., Inc. v. Shonac Corp.

75 F.3d 1153 (1996)

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Mil-Mar Shoe Co., Inc. v. Shonac Corp.

United States Court of Appeals for the Seventh Circuit
75 F.3d 1153 (1996)

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Facts

Mil-Mar Shoe Company, Inc. (plaintiff) operated a chain of shoe stores under the name “Warehouse Shoes.” Shonac Corporation (defendant) sought to open a shoe store called “DSW Shoe Warehouse” in the same geographic region. Mil-Mar sought a temporary restraining order and preliminary injunction to prevent Shonac from using that name or any other name similar to “Warehouse Shoes.” The district court granted the preliminary injunction. Shonac appealed, alleging that the term “Warehouse Shoes” was generic and therefore not eligible for trademark protection.

Rule of Law

Issue

Holding and Reasoning (Flaum, J.)

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