DAKOTA INDUSTRIES, INC. v. DAKOTA SPORTSWEAR, INC.

No. 92-1656.

988 F.2d 61 (1993)

DAKOTA INDUSTRIES, INC., Appellant, v. DAKOTA SPORTSWEAR, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1993.


Attorney(s) appearing for the Case

Donald N. Srstka, Sioux Falls, SD, argued, for appellant.

Scott A. Hindman, Sioux City, IA, argued (F. Joseph Du Bray, on the brief), for appellee.

Before MAGILL and BEAM, Circuit Judges, and LARSON, Senior District Judge.


BEAM, Circuit Judge.

Dakota Industries ("Industries") appeals the denial of its motion for a preliminary injunction in this trademark infringement action against Dakota Sportswear ("Sportswear"). We vacate and remand to the district court for reconsideration in light of new evidence.

I. BACKGROUND

In 1972, Industries became the holder of Federal Trademark Registration No. 941,497 for use of the trademark DAKOTA for snowmobile suits, jackets, coats...

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