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UTAH LIGHTHOUSE MIN. v. FOUNDATION FOR APOLOGETIC

No. 07-4095.

527 F.3d 1045 (2008)

UTAH LIGHTHOUSE MINISTRY, a Utah corporation, Plaintiff-Counter-Defendant-Appellant, v. FOUNDATION FOR APOLOGETIC INFORMATION AND RESEARCH, (Fair), a New York corporation; Scott Gordon, Defendants-Appellees, Discovery Computing, an Arizona corporation; Allen L. Wyatt, an individual, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 29, 2008.

Attorney(s) appearing for the Case

Paul C. Oestreich, Morriss, O'Bryant Compagni, P.C., Salt Lake City, Utah, for Plaintiff-Appellant.

Lance C. Starr, American Fork, Utah, appearing for Defendants-Appellees Discovery Computing, Inc. and Allen Wyatt. D. Miles Holman (Jeffrey N. Walker with him on the brief), Holman & Walker, L.C., Sandy, Utah, for Defendants-Appellees Foundation for Apologetic Information & Research and Scott Gordon.

Before TYMKOVICH and GORSUCH, Circuit Judges, and PARKER, District Judge.

PARKER, District Judge.

Utah Lighthouse Ministry (UTLM) appeals from a decision of the district court granting Defendants' motion for summary judgment on UTLM's claims of trademark infringement, unfair competition, and cybersquatting.

I. BACKGROUND

A. Facts

Jerald and Sandra Tanner founded UTLM in 1982 to critique the Church of Jesus Christ of Latter-day Saints (LDS Church). In support of its mission, UTLM sells books at both a brick-and...

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