Summary Judgment – Issue of Material Fact

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WI Court of Appeals – District IV

Case Name: Wolf Appliance, Inc., v. American Range Corporation

Case No.: 2018AP2092

Officials: Fitzpatrick, P.J., Kloppenburg and Nashold, JJ

Focus: Summary Judgment – Issue of Material Fact

The circuit court granted Wolf Appliance, Inc.’s motion for summary judgment on its breach of contract claim against American Range Corporation and denied American Range’s summary judgment motion seeking dismissal of that claim. Specifically, the court ruled that the undisputed material facts could only support the conclusion that an American Range brochure violated a 2013 settlement agreement between the parties. On appeal, American Range argues that the undisputed material facts direct the contrary conclusion, or, alternatively, that issues of material fact preclude summary judgment. As we explain, we conclude that issues of material fact, specifically competing reasonable inferences as to certain images in the brochure, preclude summary judgment. Accordingly, we reverse and remand for further proceedings.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.