United States District Court, W.D. Wisconsin
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,
DEFENDANT ANHEUSER-BUSCH COMPANIES, LLC'S CIRCUIT
RULE 3(C)(1) DOCKETING STATEMENT
Anheuser-Busch Companies, LLC (âABâ) 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 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
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.
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.
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.
Appellate Court Jurisdiction
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
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.
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
have been four prior appeals in this case.
on June 24, 2019, MillerCoors appealed the district
court's May 24 Opinion and Order. (Dkt. 57). The ...