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KEMP v. BUMBLE BEE SEAFOODS, INC.

No. 02-3797.

398 F.3d 1049 (2005)

Louis E. KEMP, Superior Seafoods, Inc., and Quality Finer Foods, Inc., Plaintiffs-Appellees. v. BUMBLE BEE SEAFOODS, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2005.

Attorney(s) appearing for the Case

John P. Passarelli, argued, Omaha, NE (Brian T. McKernan, on the brief), for appellant.

John D. Kelly, argued, Duluth, MN (Mark D. Pilon and Emily K. John, on the brief), for appellee.

Before BYE, HANSEN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Defendant-Appellant Bumble Bee Seafoods, Inc. ("Bumble Bee") appeals the district court's adverse rulings following a bench trial on the trademark issues of likelihood of confusion and dilution. Because we find that confusion was likely, we reverse and remand for entry of judgment in favor of Bumble Bee.

I. Background

Plaintiff-Appellee Louis E. Kemp ("Mr.Kemp") is from a family that...

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