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KAT VIDEO PRODUCTIONS v. KKCT-FM RADIO

Civil No. 960184.

560 N.W.2d 203 (1997)

1997 ND 21

KAT VIDEO PRODUCTIONS, INC., and Todd Muggerud, Plaintiffs and Appellants, v. KKCT-FM RADIO a/k/a Kat Country, Defendant and Appellee.

Supreme Court of North Dakota.

February 12, 1997.

Attorney(s) appearing for the Case

Daniel L. Hovland and Scott K. Porsborg (argued), of Smith Bakke Hovland & Oppegard, Bismarck, for plaintiffs and appellants.

Orell D. Schmitz and Robert R. (Rick) Maixner (argued), of Schmitz, Moench & Schmidt, Bismarck, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] KAT Productions appeals the district court's judgment dismissing its complaint seeking to enjoin KKCT-FM Radio, a/k/a Kat Country, from using the name "Kat" and a tiger logo, in violation of North Dakota's tradename and trademark laws. KAT Productions argues the court erred by dismissing the case on summary judgment, asserting the test for infringement, whether there is a "likelihood of confusion...

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