Klement Sausage sues Johnsonville Sausage

Milwaukee's Klement Sausage is suing Sheboygan's Johnsonville Sausage for refusing to stop using \"backyard grilled brat.\" Klement argued it confused customers and Klement owned a trademark similar. 
Klement first started marketing with \"Backyard Bratwurst\" in January 2008. The company received a trademark for the phrase in September of 2009. 
According to Klement, Johnsonville registered seven years later for \"Backyard Grilled Brat,\" and it was denied. 
Klement claims Johnsonville is infringing its' mark. 
The company sited a definition in Oxford dictionary that a brat means a bratwurst. 
Klement, also, said it uses the mark as a reference for the quality of its sausages. 
In May, Klement sent Johnsonville a letter advising Klement owns the mark. The letter told Johnsonville to cease and desist using the trademark. 
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