C&N Corp. v. Kane

Wisconsin’s Door Peninsula Winery began selling a spiced apple wine called “Hallowine” in 1998. Sales were brisk, and Door Peninsula expanded operations to Illinois later that year. Illinois River Winery began selling its own Hallowine in 2005 and sought to register the Hallowine mark in 2006. Door Peninsula initiated opposition proceedings at the PTO. The Trademark Trial and Appeal Board ruled in its favor, finding that Door Peninsula had priority in the Hallowine mark. Illinois River continued to sell its Hallowine despite the ruling. Door Peninsula filed suit in 2012, asserting infringement of its common law trademark rights and infringement of unregistered marks under section 43(a) of the Lanham Act. Illinois River asserted 27 affirmative defenses. The district court granted summary judgment, dismissing Illinois River’s affirmative defenses and a finding that Illinois River was liable for trademark infringement damages in the amount of $508,864.26. The Seventh Circuit affirmed, noting that Illinois River only raised arguments that were not before the district court. View "C&N Corp. v. Kane" on Justia Law