Mountain Top Beverage Group , Inc . v. Wildlife Brewing N.b., Inc .; James Sorenson

1We do not reach the issues resolved in part III.C of the district court’s order, Mountain Top, 338 F. Supp. 2d at 836-37, as
there was no cross-appeal raising those issues.
RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit Rule 206
File Name: 05a0482p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
_________________
M OUNTAIN TOP BEVERAGE GROUP , I NC .,
Plaintiff-Appellant,
v.
WILDLIFE BREWING N.B., I NC .; J AMES SORENSON ,
Defendants-Appellees.
X---->
,--
N
No. 04-4075
Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 01-00832—Susan J. Dlott, District Judge.
Argued and Submitted: December 7, 2005
Decided and Filed: December 22, 2005
Before: MOORE, ROGERS, and McKEAGUE, Circuit Judges.
_________________
COUNSEL
ARGUED: David L. Petitjean, CHAPPANO WOOD, Columbus, Ohio, for Appellees. ON BRIEF:
Thomas P. Whelley II, Rachael L. Rodman, CHERNESKY, HEYMAN & KRESS, Dayton, Ohio, for
Appellant. David L. Petitjean, CHAPPANO WOOD, Columbus, Ohio, for Appellees.
_________________
OPINION
_________________
ROGERS, Circuit Judge. Plaintiff Mountain Top Beverage Group appeals the district court’s grant
of summary judgment in favor of Wildlife Brewing and James Sorenson on Mountain Top’s trademark
infringement claims under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and related state law claims, and
the district court’s cancellation of Mountain Top’s “Wildcat” trademarks. After reviewing the record, the
parties’ briefs, and the applicable law, this court affirms the district court’s decision for the reasons stated
in Judge Dlott’s order below. See Mountain Top Beverage Group, Inc. v. Wildlife Brewing N.B., Inc. et al.,
338 F. Supp. 2d 827 (S.D. Ohio 2003).1 The district court properly granted summary judgment in favor of
Wildlife and Sorenson and cancelled Mountain Top’s trademark. The judgment of the district court is
therefore AFFIRMED.
1

-- 1 of 1 --