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GANDER MOUNTAIN CO. v. CABELA'S, INC.

No. 07-2890.

540 F.3d 827 (2008)

GANDER MOUNTAIN COMPANY, Appellee, v. CABELA'S, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2008.

Attorney(s) appearing for the Case

Michael C. Cox, argued, Omaha, NE, Daniel J. Fischer, Omaha, NE, George W. Soule, Omaha, NE, George W. Soule, Minneapolis, MN, on the brief, for appellant.

Dudley W. Von Holt, argued, Ann Elizabeth Blackwell, Bruce D. Ryder, St. Louis, MO, on the brief, for appellee.

Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

WOLLMAN, Circuit Judge.

This case arose from a contract dispute involving a 1996 transaction between Gander Mountain Co.1 and Cabela's, Inc. Gander Mountain filed suit against Cabela's seeking a declaration that a particular provision of the agreement, the Contingent Trademark License provision ("CTL"), was unenforceable. Cabela's counterclaimed, seeking a declaration that the provision was enforceable and requesting an injunction prohibiting...

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