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SENSIENT TECHNOLOGIES v. SENSORYEFFECTS FLAVOR

No. 09-2686.

613 F.3d 754 (2010)

SENSIENT TECHNOLOGIES CORPORATION; Sensient Flavors, LLC, Plaintiffs-Appellants, v. SENSORYEFFECTS FLAVOR COMPANY, formerly known as SensoryFlavors, Inc.; Performance Chemicals & Ingredients Co.; Diehl Food Ingredients, Inc.; Highlander Partners, L.P., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2010.

Rehearing and Rehearing En Banc Denied August 26, 2010.

Attorney(s) appearing for the Case

John A. Busch, argued, Milwaukee, WI, Paul F. Linn, Monica M. Riederer, Milwaukee, WI, Thomas Weaver, William M. Corrigan, Jr., Andrew B. Mayfield, St. Louis, MO, on the brief, for appellants.

David S. Corwin, argued, Vicki L. Little, on the brief, St. Louis, MO, for appellees.

Before BYE, ARNOLD, and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

Sensient Flavors appeals the district court's1 grant of summary judgment in favor of SensoryEffects Flavor Company, formerly known as SensoryFlavors. On appeal, Sensient Flavors contends the district court erred in concluding the SensoryFlavors mark was not "used in commerce" as defined by the Lanham Act, 15 U.S.C. § 1127. Sensient Flavors also asserts the district court erroneously held the SensoryEffects Flavor...

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