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LAND-O-NOD CO. v. BASSETT FURNITURE INDUSTRIES

No. 82-2437.

708 F.2d 1338 (1983)

The LAND-O-NOD COMPANY, Appellee, v. BASSETT FURNITURE INDUSTRIES, INCORPORATED, and the E.B. Malone Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1983.

Attorney(s) appearing for the Case

Hogan & Hartson, David B. Lytle, George H. Mernick, III, Timothy J. Dowling, Washington, D.C., Merchant, Gould, Smith, Edell, Welter & Schmidt, Douglas J. Williams, Minneapolis, Minn., for appellants.

Allen I. Saeks, Stephen J. Davidson, Minneapolis, Minn., for appellee The Land-O-Nod Co.; Leonard, Street & Deinard, Minneapolis, Minn., of counsel.

Before BRIGHT and JOHN R. GIBSON, Circuit Judges, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

Bassett Furniture Industries, Inc. (Bassett) and the E.B. Malone Corporation (Malone) appeal from an order of the district court1 granting the Land-O-Nod Company (Land-O-Nod) a preliminary injunction. The injunction prohibits Bassett and Malone from using Land-O-Nod's registered trademark "Chiropractic" in marketing their mattresses and box springs. We hold that it was not proper for the district court to...

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