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FROSTY TREATS, INC. v. SONY COMPUTER ENTERTAIN. AMERICA, INC.

No. 04-2502.

426 F.3d 1001 (2005)

FROSTY TREATS, INC.; Frosty Treats of Louisville, Inc.; Frosty Treats Wholesale, Inc.; Frosty Treats of Atlanta, Inc., Appellants, v. SONY COMPUTER ENTERTAINMENT AMERICA, INC. Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2005.

Attorney(s) appearing for the Case

Timothy Kevin McNamara, Roland Brook Miller, III, Alok Ahuja, David Robert Barnard, R. Cameron Garrison, Lathrop & Gage, Kansas City, MO, for Appellants.

Robert T. Adams, Basil Trent Webb, Eric Alan Buresh, Adam P. Seitz, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and RILEY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

A group of affiliated companies, Frosty Treats, Inc., Frosty Treats of Louisville, Inc., Frosty Treats Wholesale, Inc., and Frosty Treats of Atlanta, Inc., collectively known as "Frosty Treats," sued Sony Computer Entertainment America, Inc., (SCEA) asserting, inter alia, claims under state and federal law for trademark infringement and dilution, and for unfair competition. Frosty Treats premised these claims upon SCEA...

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