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B & B HARDWARE, INC. v. HARGIS INDUSTRIES, INC.

No. 07-3866.

569 F.3d 383 (2009)

B & B HARDWARE, INC., a California Corporation, Appellant, v. HARGIS INDUSTRIES, INC., a Texas Corporation, d/b/a Sealtite Building Fasteners, d/b/a East Texas Fasteners; East Texas Fasteners, a business entity of form unknown; John Does 1 through 10, inclusive, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2009.

Attorney(s) appearing for the Case

Kathryn Bennett, Perkins, argued, Little Rock, AR, Brook A. Brewer, on the brief, for appellant.

Herbert A. Yarbrough, III, argued, Tyler, TX, H. William Allen and Kevin M. Lemley, Little Rock, AR, and Trey Yarbrough, Tyler, TX, on the brief, for appellee.

Before BYE, BEAM, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

B & B Hardware ("B & B") appeals the district court's dismissal, on collateral estoppel grounds, of its trademark infringement action filed against Hargis Industries ("Hargis"). For the reasons explained herein, we reverse the dismissal and remand this matter to the district court for further consideration.

I.

In 1990, B & B began manufacturing and selling a fastener product under the name "Sealtight." This product...

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