United States District Court, W.D. Wisconsin
GODFREY & KAHN, SC Kendall W. Harrison, Jennifer L.
Gregor DOWD BENNETT LLP James F. Bennett Megan Heinsz Adam
Simon Matthew Crane ULMER & BERNE LLP Thomas M. Williams
Attorneys for Anheuser-Busch Companies, LLC
DEFENDANT ANHEUSER-BUSCH COMPANIES, LLC'S CIRCUIT
RULE 3(C)(1) DOCKETING STATEMENT
Anheuser-Busch Companies, LLC (“A-B”)
respectfully submits this Docketing Statement pursuant to
Circuit Rule 3(c)(1) of the United States Court of Appeals
for the Seventh Circuit.
District Court Jurisdiction
MillerCoors, LLC (“MillerCoors”) sued A-B in the
United States District Court for the Western District of
Wisconsin on March 21, 2019, alleging claims for false
advertising and trademark dilution under the Lanham Act, 15
U.S.C. § 1125(a) and 15 U.S.C. § 1125(c).
See Dkt. 1 (Complaint). The district court has
subject matter jurisdiction pursuant to 28 U.S.C. §
1331, based on federal questions arising under the Lanham
moved for a preliminary injunction on March 28, 2019.
See Dkt. 8. On May 24, 2019, the district court
entered an Opinion and Order granting in part and denying in
part MillerCoors' motion for preliminary injunction, and
inviting further briefing on the issue of whether the
injunction should encompass A-B's packaging. Dkt. 57. On
June 24, 2019, MillerCoors appealed from the district
court's May 24, 2019 order to the U.S. Court of Appeals
for the Seventh Circuit, Court of Appeals Docket No. 19-2200.
September 4, 2019, after further briefing submitted by the
parties, the district court entered an order modifying the
May 24, 2019 injunction order. See Dkt. 102. A-B now
appeals from the district court's September 4, 2019
order. A-B has also filed an emergency motion in the district
court requesting that the injunction be vacated, or in the
alternative, modified and stayed pending resolution of this
Appellate Court Jurisdiction
September 5, 2019, contemporaneously with this Docketing
Statement, A-B promptly filed a Notice of Appeal from the
district court's September 4, 2019 Opinion and Order
modifying the previously entered preliminary injunction.
United States Court of Appeals for the Seventh Circuit has
jurisdiction over this appeal (and MillerCoors' earlier
appeal) under 28 U.S.C. § 1292(a)(1). Under §
1292(a)(1), any order granting or modifying a preliminary
injunction is an immediately appealable interlocutory order.
not a direct appeal from a decision of a magistrate judge.
No. Rule 59 motion or any other motion claiming to toll the
time within which to appeal has been filed.
Prior or Related Appeals
24, 2019, MillerCoors appealed the district court's May
24, 2019 order entering a preliminary injunction (Dkt. 57).
The appeal is styled MillerCoors LLC v. Anheuser-Busch
Companies, LLC, Court of Appeals Docket No. 19-2200. The
appeal is fully briefed, and oral argument has been set for
Monday, September 23, 2019 at 9:30 a.m.
anticipates filing a motion to expedite the appellate
schedule and consolidate the two pending appeals. If the
district court does not stay the injunction pending this
appeal, A-B anticipates that it would move this Court for a
stay of the injunction pending appeal.