Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 7

Generic Name The Miller Brewing Company, a national brewer, produces a reduced-calorie beer called “Miller Lite.” Miller began selling beer under this name and spent millions of dollars promoting the Miller Lite brand name on television, in print, and via other forms of advertising. Falstaff Brewing Corporation had brewed and distributed a reduced-calorie beer called “Falstaff Lite.” Miller brought suit under the Lanham Act, seeking an injunction to prevent Falstaff from using the term Lite. Is the term Lite a generic name that does not qualify for trademark protection? Miller Brewing Co. v. Falstaff Brewing Corp., 655 F.2d 5, Web 1981 U.S. App. Lexis 11345 (United States Court of Appeals for the First Circuit)

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Facts of the case

Plaintiff in this case is M

The defendant in this case is F

M, a brewing company produced and marketed a low calorie beer called M Lite

When F brewed and distributed a beer named F Lite, M sued F for violating the Lanham Act by using the term Lite