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HOT STUFF FOODS, LLC v. MEAN GENE'S ENTERPRISES

No. CIV. 06-4085.

468 F.Supp.2d 1078 (2006)

HOT STUFF FOODS, LLC, F/K/A Orion Food Systems, LLC, Plaintiff, v. MEAN GENE'S ENTERPRISES, INC., Gene Okerlund, Blaze Okerlund, Todd Okerlund, and Mark McKee, Defendants, and Eugene Okerlund, Counterclaim Plaintiff, v. Hot Stuff Foods, LLC, Counterclaim Defendant.

United States District Court, D. South Dakota, Southern Division.

December 13, 2006.

Attorney(s) appearing for the Case

James S. Simko, Stephen C. Landon, Shawn M. Nichols, Cadwell, Sanford, Deibert & Garry, Sioux Falls, SD, for Plaintiff.

Jon C. Sogn, Lee A. Magnuson, Lynn, Jackson, Shultz & Lebrun, Sioux Falls, SD, Dean Karau, Fredrikson & Byron, PC, Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER RE: MOTION TO CANCEL TRADEMARK REGISTRATIONS AND REQUEST FOR PERMANENT INJUNCTION

PIERSOL, District Judge.

PROCEDURAL BACKGROUND

Plaintiff, Hot Stuff Food. LLC, (Hot Stuff) filed a motion for preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. Doc. 3. Hot Stuff sought injunctive relief against Defendants Mean Gene's Enterprises, Inc., Gene Okerlund, Blaze Okerlund, Todd Okerlund and Mark...

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