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Millercoors, LLC v. Anheuser-Busch Companies, LLC

United States District Court, W.D. Wisconsin

September 6, 2019

MILLERCOORS, LLC, Plaintiff,
v.
ANHEUSER-BUSCH COMPANIES, LLC, Defendant.

          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

         Defendant 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.

         I. District Court Jurisdiction

         Plaintiff 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 Act.

         MillerCoors 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.

         On 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 appeal.

         II. Appellate Court Jurisdiction

         On 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.

         The 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.

         This is 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.

         III. Prior or Related Appeals

         On June 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.

         A-B 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.

         IV. ...


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