Septicairaid LLC v. Holt

Filing 40

ORDER signed by Judge Lynn Adelman on 3/18/15 that this case is DISMISSED with prejudice based on issue preclusion. The Clerk shall enter judgment. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
SEPTICAIRAID LLC,
Plaintiff,
v.

Case No. 14CV0172

KARL HOLT,
Defendant.
_____________________________________________________________________
ORDER
On March 18, 2015, I held a status conference in this case to discuss the viability
of plaintiff’s claims given my recent decision in Aero-Stream LLC v. Septicairaid LLC, Case
No. 12-CV-0190, that the mark “Septicairaid” is not protectable under the Lanham Act. No
party disagreed with the proposition that it would be appropriate to dispose of the case
based on the doctrine of issue preclusion. See Cohen v. Bucci, 905 F.2d 1111, 1112 (7th
Cir. 1990) (stating that issue preclusion applies to a question that has been actually
litigated and determined by a valid and final judgment if the determination is essential to
the judgment); Restatement (Second) of Judgments § 27.
THEREFORE, IT IS ORDERED that this case is DISMISSED with prejudice based
on issue preclusion. The Clerk shall enter judgment.
Dated at Milwaukee, Wisconsin, this 18th day of March, 2015.
s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge