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Millercoors, LLC v. Anheuser-Busch Companies, LLC

United States District Court, W.D. Wisconsin

October 25, 2019

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

          GODFREY & KAHN, S.C., Kendall W. Harrison, Jennifer L. Gregor, DOWD BENNETT LLP James F. Bennett, Megan S. Heinsz, Matthew K. Crane, Adam J. Simon, 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 (“AB”) 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 AB 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 AB's packaging. Dkt. 57.

         On September 4, 2019, after further briefing submitted by the parties, the district court entered an order modifying the May 24, 2019 injunction. See Dkt. 102. On September 6, 2019, the district court further modified the preliminary injunction. See Dkt. 115.

         On October 23, 2019, after remand from the United States Court of Appeals for the Seventh Circuit, the district court entered a separate Preliminary Injunction Order setting forth its May 24, September 4, and September 6, 2019 orders. See Dkt. 189.

         II. Appellate Court Jurisdiction

         On October 25, 2019, contemporaneously with this Docketing Statement, AB promptly filed a Notice of Appeal from the district court's October 23, 2019 Preliminary Injunction Order.

         The United States Court of Appeals for the Seventh Circuit has jurisdiction over this 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

         There have been four prior appeals in this case.

         First, on June 24, 2019, MillerCoors appealed the district court's May 24 Opinion and Order. (Dkt. 57). The ...


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