HEARTLAND BANK v. HEARTLAND HOME FINANCE

No. 02-2468.

335 F.3d 810 (2003)

HEARTLAND BANK, Plaintiff-Appellant, v. HEARTLAND HOME FINANCE, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2003.


Attorney(s) appearing for the Case

Thomas C. Walsh, argued, St. Louis, MO (K. Lee Marshall, St. Louis, MO, on the brief), for appellant.

Thomas R. Dee, argued, Chicago, IL (Chad A. Schiefelbein, Chicago, IL, Jordan B. Cherrick, Jeffrey R. Fink, St. Louis, MO, on the brief), for appellee.

Before HANSEN, Chief Judge, BRIGHT, and SMITH, Circuit Judges.


BRIGHT, Circuit Judge.

Heartland Bank ("Bank") brought a five-count complaint against Heartland Home Finance, Inc. ("HHF") alleging unfair competition under the Lanham Act, common law trade name and service mark infringement, service mark infringement and mark dilution under Missouri state law, and common law unfair competition. The district court granted several of HHF's motions to exclude certain evidence and testimony. At the conclusion of the Bank's case, the...

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