S.C. Johnson & Son, Inc. v. Nutraceutical Corporation, et al
|Plaintiff - Appellee:
||S.C. JOHNSON & SON, INCORPORATED
|Defendant - Appellant:
||NUTRACEUTICAL CORPORATION and NUTRAMARKS, INC.
||October 21, 2015
||U.S. Court of Appeals, Seventh Circuit
|Nature of Suit:
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|August 25, 2016
Filed opinion of the court by Chief Judge Wood. The district court abused its discretion when it entertained S.C. Johnson s post-trial argument that Nutraceutical failed to prove continuous use of the BUG OFF mark after 2012. Because the district court did not clearly err in finding that Nutraceutical maintained continuous use prior to 2012, S.C. Johnson s judgment cannot be saved. We therefore REVERSE and order that the injunction against Nutraceutical be VACATED forthwith. Diane P. Wood, Chief Judge; Joel M. Flaum, Circuit Judge and Ann Claire Williams, Circuit Judge. [6778070-1]  [15-3337]
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