TAPKEN, Circuit Judge.
This is an appeal from the granting of partial summary judgment in favor of Time Out, Inc. (appellee). The judgment cancelled Chris Karras' (appellant) registration of the name "Time Out Steakhouse & Restaurant" and the logo of a referee signaling time out with the Secretary of State under the trademark protection provisions of SDCL 37-6. We reverse and remand for trial.
K.P. Kompelien opened a cocktail lounge and restaurant in Sioux...
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