1 in the United States District Court
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION V & S VIN & SPRIT AKTIEBOLAG, ) d/b/a THE ABSOLUT COMPANY, ) ) Plaintiff, ) ) v. ) Case No. 01 C 9923 ) CRACOVIA BRANDS, INC., et al., ) ) Defendants. ) MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge: V & S Vin & Sprit Aktiebolag (“V & S”), the Swedish company that makes Absolut vodka, sued a Polish competitor, Przedsiebiorstwo Polmos Bialystok S.A. (“PPB”), and its Chicago-area distributor, Cracovia Brands, Inc. In an eight count complaint, V & S claimed that PPB and Cracovia infringed upon its Absolut trademark by manufacturing and marketing Absolwent vodka. V & S settled with Cracovia, and this Court entered a final judgment as to the claims against Cracovia on April 26, 2002. V & S has moved for summary judgment against PPB on two counts of its complaint, alleging trademark infringement and false designation of origin and unfair competition in violation of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). For the reasons stated below, the Court denies V & S’s motion for summary judgment. Analysis As the Seventh Circuit has noted, “[t]he ‘keystone’ of trademark infringement is ‘likelihood of 1 confusion’ as to source, affiliation, connection or sponsorship of goods or services among the relevant class of customers and potential customers.” Sands, Taylor & Wood Co. v. Quaker Oats Co., 978 F.2d 947, 957 (7th Cir. 1992) (citation omitted). Whether a likelihood of confusion exists among consumers is a question of fact. CAE, Inc., v. Clean Air Engineering, Inc., 267 F.3d 660, 677 (7th Cir.
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