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MUTUAL OF OMAHA INS. CO. v. NOVAK

No. 85-1019.

775 F.2d 247 (1985)

MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska corporation, Appellee, v. Franklyn NOVAK, an Individual, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 16, 1985.

Attorney(s) appearing for the Case

Warren C. Schrempp, Omaha, Neb., for appellant.

Dennis L. Thomte, Omaha, Neb., for appellee.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Franklyn Novak appeals from a preliminary injunction forbidding him from violating the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a) (1982), by marketing T-shirts, mugs and other products prominently featuring the words "Mutant of Omaha" and "Mutant Kingdom" and bearing a logo resembling the Indianhead logo used by Mutual of Omaha Insurance Company. He argues that there was no confusion...

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