BIRCH PUBLICATIONS v. RMZ OF ST. CLOUD

No. A03-1913.

683 N.W.2d 869 (2004)

BIRCH PUBLICATIONS, INC., et al., Respondents, v. RMZ OF ST. CLOUD, INC., f/k/a Quest Publications, Inc., et al., Appellants.

Court of Appeals of Minnesota.

July 27, 2004.


Attorney(s) appearing for the Case

Thomas P. Melloy, Gray, Plant, Mooty, Mooty & Bennett, P.A., St. Cloud, MN, for respondents.

Michael C. Rajkowski, Krista L. Durrwachter, Quinlivan & Hughes, P.A., St. Cloud, MN for appellants.

Considered and decided by WILLIS, Presiding Judge; LANSING, Judge; and HUDSON, Judge.


OPINION

HUDSON, Judge.

In this appeal, appellants RMZ of St. Cloud, Inc., argue that the trial court erred in finding that RMZ abandoned a trademark and is therefore estopped from denying the transfer of the trademark to respondents Birch Publications, Inc. Because the trial court's factual findings were not clearly erroneous, and the trial court did not err as a matter of law in concluding that RMZ abandoned use of the trademark, we conclude that RMZ is...

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