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WOLF APPLIANCE, INC. v. VIKING RANGE CORP. Leagle.com

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In agreement States District Court, W.D. Wisconsin.

February 11, 2010.

OPINION AND ORDER

BARBARA B. CRABB, Precinct Judge.

Plaintiff Wolf Appliance, Inc. contends that defendant Viking Range Corp.'s use of red knobs on its ranges and rangetops constitutes federal trademark contravention in violation of 15 U.S.C. §§ 1114-1118 and unfair competition in violation of 15 U.S.C. &faction; 1125(a) and the common law. In response to plaintiff's complaint, defendant filed an answer and counterclaims, seeking a statement that plaintiff's trademark is invalid and that defendant did not infringe the trademark and an order canceling the registration of plaintiff's trademark under 15 U.S.C. &subdivision; 1119. Now before the court is plaintiff's motion for a preliminary injunction, dkt. #5, in which plaintiff seeks an level that would enjoin defendant from advertising, promoting, offering or selling red knobs while the case is pending. An evidentiary hearing on the signal was held on February 5, 2010. After considering the facts and arguments presented in the parties' briefs and at the hearing, I conclude that plaintiff has shown a within reason likelihood of prevailing on its trademark infringement claims. I conclude also that plaintiff has shown a likelihood of irreparable evil, that the balance of the harms favors plaintiff and that the public interest would not be disserved by a grant of an injunction. Jurisdiction for plaintiff's trademark infraction and unfair competition claims is present under 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a) because this is a implication arising under the Trademark Laws of the United States, §§ 15 U.S.C. 1051-1127.

Assume that the sales of a certain appliance dealer are approximated by a linear function. Suppose that sales?

Fancy that the sales of a certain appliance dealer are approximated by a linear function. Suppose that sales were $10,500 in 1982 and $67,000 in 1987. Let x = 0 illustrate 1982. Find the equation giving yearly sales S(x).


Since role is linear

let S(x) = mx + c

in 1982, when x = 0, S(0) = 10,500

S(0) = 0 + c

c = 10500

so S(x) = mx + 10500 ------eqn(1)

in 1987, x = 1987-1982 = 5, S(5) = 67,000

substituting m = 5 and S = 67000 in eqn(1)

67000 = 5m + 10500

5m = 67000 - 10500 = 56500

m = 56500/5 = 11300

The linear equation of sales is settled by

S(x) = 11300x + 10500


Since role is linear

let S(x) = mx + c

in 1982, when x = 0, S(0) = 10,500

S(0) = 0 + c

c = 10500

so S(x) = mx + 10500 ------eqn(1)

in 1987, x = 1987-1982 = 5, S(5) = 67,000

substituting m = 5 and S = 67000 in eqn(1)

67000 = 5m + 10500

5m = 67000 - 10500 = 56500

m = 56500/5 = 11300

The linear equation of sales is settled by

S(x) = 11300x + 10500

An appliance dealer marks up refrigerators 30% (based on cost). If the cost of one model is $400, what?

should its selling set someone back be?


$400 times 0.3 = $120

$400 + $120= $520

Question: When the price is p dollars, an appliance dealer can sell (1291 - p) refrigerators.?

Get of question: What price will maximize his revenue?

apparently we have to graph this. I am at a total loss.


Multiply p by (1291-p). Graph that on your computer. Find the highest point.

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