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DAKOTA INDUSTRIES, INC. v. EVER BEST LTD.

No. 91-1036.

944 F.2d 438 (1991)

DAKOTA INDUSTRIES, INC., Appellant, v. EVER BEST LTD., Dakota Blue Corp., Carl Eckhaus, Sam Ko and Kenneth Kwok, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 12, 1991.

Attorney(s) appearing for the Case

James A. Hertz, Sioux Falls, S.D., for appellant.

Gary S. Graifman, Chestnut Ridge, N.Y., argued (Gary S. Graifman and William P. Fuller, on the brief), for appellees.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

Plaintiff appeals from the district court's1 denial of its motion for a preliminary injunction enjoining defendants from using the word "DAKOTA" in connection with their marketing and sale of denim clothing. The district court denied preliminary relief on the basis of the evidence plaintiff had presented "to date." We agree with the court's assessment that the propriety of injunctive relief in this case should...

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