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A & L LABORATORIES, INC. v. BOU-MATIC LLC

Nos. 05-1469, 05-1471.

429 F.3d 775 (2005)

A & L LABORATORIES, INC., Plaintiff-Appellee, v. BOU-MATIC LLC, a Nevada corporation, Defendant-Appellant. Bou-Matic LLC; Counter Claimant-Appellant, Bou-Matic Technologies Corporation, Counter Claimant, v. A & L Laboratories, Inc.; Hypred, S.A.; Franck Monmont, Counter Defendants-Appellees. A & L Laboratories, Inc., Plaintiff-Appellant, v. Bou-Matic, LLC, a Nevada corporation, Defendant-Appellee. Bou-Matic LLC; Bou-Matic Technologies Corporation, Counter Claimants-Appellees, v. A & L Laboratories, Inc., Counter Defendant-Appellant, Hypred, S.A.; Franck Monmont, Counter Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: November 17, 2005.

Attorney(s) appearing for the Case

Bruce H. Little, argued, Minneapolis, Minnesota (Paul A. Banker, Sarah S. Stroebel, and Christopher A. Grgurich, on the brief), for appellant/cross-appellee.

Cynthia L. Bauerly, argued, Minneapolis, Minnesota (Lora Esch Mitchell, on the brief), for appellee/cross-appellant.

Before BYE, BRIGHT, and SMITH, Circuit Judges.

BRIGHT, Circuit Judge.

A & L Laboratories ("A & L") brought this action against Bou-Matic LLC ("Bou-Matic"), seeking a declaration of non-infringement of sixty-seven common law or foreign trademarks and asserting unfair competition, defamation and other claims against Bou-Matic. Bou-Matic counterclaimed, asserting common law trademark infringement and several other claims. The district court1 dismissed the majority of the parties...

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