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GREEN v. G. HEILEMAN BREWING CO.

January 18, 1991

TOM GREEN, Plaintiff,
v.
G. HEILEMAN BREWING COMPANY, INC. and THE HADLEY GROUP, Defendants


Brian Barnett Duff, United States District Judge.


The opinion of the court was delivered by: DUFF

BRIAN BARNETT DUFF, UNITED STATES DISTRICT JUDGE

 This case comes before this court on Tom Green's ("Green") motion for a temporary restraining order. This court conducted a one day hearing on January 10, 1991. The court has heard the evidence and considered the exhibits, memoranda of law, and arguments of counsel. Now fully advised on the matter, the full hearing having been concluded, the court makes the following findings.

 1. Findings of Fact

 1. Green alleges that the defendants, G. Heileman Brewing Company ("Heileman") and the Hadley Group ("Hadley"), have violated the Lanham Act. The defendants claim that they are protected by the Lanham Acts fair use defense. 15 U.S.C. § 1115(b)(4). This court has original jurisdiction over the Lanham Act claim. See 28 U.S.C. § 1331.

 2. The parties do not dispute that this court has personal jurisdiction over them, or that venue in this court is proper.

 3. The plaintiff alleges that he has a protectible trademark in the game "SUPERTICKETS" and the poster "SUPER TICKETS." The plaintiff has filed for trademark protection, and his application has been refused by the Patent and Trademark Office. Therefore, his claim of a protectible property interest is founded in the common law.

 4. Defendant, Heileman, is in the business of selling Old Style beer. The trademark "Old Style", has been used by Heileman since 1902.

 6. Defendants, Heileman and Hadley, developed a promotion in which a ticket, called a SUPER TICKET, is attached to cartons of Old Style beer. These tickets enable the purchaser to win cash prizes and discounts on the purchase of beer. The promotion is affixed to 4,000,000 cartons of Heileman's beer. The promotion, which began in November of 1990, will end on January 31, 1991.

 7. Heileman's trademark, "Old Style", is prominently displayed on all of its SUPER TICKET'S game pieces.

 8. Green alleges that the defendants infringed on his trademark in violation of the Lanham Act, 15 U.S.C. §§ 1051 et seq., by use of the words SUPER TICKETS in their promotional game.

 9. Heileman adopted its SUPER TICKETS promotion without any knowledge of Green's ...


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