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BLACK HILLS JEWELRY MFG. CO. v. GOLD RUSH, INC.

No. 80-1426.

633 F.2d 746 (1980)

BLACK HILLS JEWELRY MANUFACTURING CO., a South Dakota Corporation, F. L. Thorpe Company, a South Dakota Corporation and Stamper Jewelry Manufacturing, a South Dakota Corporation, Appellees, v. GOLD RUSH, INC., a North Dakota Corporation a/k/a "Black Hills Gold Jewelry by Gold Rush", Appellant, and Kirk Enterprises, Inc., a New Mexico Corporation, a/k/a "Black Hills Gold Jewelry by Kirk", LaBelle's, a Corporation, Appellant, Herberger's Department Store, a Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 13, 1980.

Attorney(s) appearing for the Case

Ronald L. Haskvitz, Minneapolis, Minn., for appellants.

Geo. A. Bangs and James P. Hurley, Rapid City, S.D., for appellees.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

Plaintiffs-appellees are three South Dakota corporations located in the Black Hills area of South Dakota. They are in the business of manufacturing a certain design of gold jewelry which they market under the name "Black Hills Gold Jewelry." Appellees brought this action under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), seeking injunctive relief against the use by defendants-appellants of the words "Black Hills Gold Jewelry...

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