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FIRST SAVINGS BANK, F.S.B. v. FIRST BANK SYSTEM

Nos. 95-3246, 95-3331.

101 F.3d 645 (1996)

FIRST SAVINGS BANK, F.S.B., Plaintiff-Appellant, v. FIRST BANK SYSTEM, INC.; First Bank, F.S.B., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 27, 1996.

Attorney(s) appearing for the Case

John M. Collins (Thomas H. Van Hoozer with him on the briefs) of Hovey, Williams, Timmons & Collins, Kansas City, MO, for Plaintiff-Appellant.

Peter M. Lancaster (Ronald J. Brown and Elizabeth C. Buckingham with him on the brief) of Dorsey & Whitney, P.L.L.P., Minneapolis, MN, for Defendants-Appellees.

Before ANDERSON, McWILLIAMS and ENGEL, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case involves a service mark dispute between two banks competing in east-central Kansas. First Savings Bank, F.S.B., ("First Savings") sued First Bank System, Inc., and its member institution, First Bank, F.S.B., for service mark infringement, unfair competition, and false designation of origin under the Lanham Act and Kansas state and common law. Specifically, First Savings sought to prevent the defendants from using within...

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