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BUETOW v. A.L.S. ENTERPRISES, INC.

No. 10-2415.

650 F.3d 1178 (2011)

Michael BUETOW, et al., individually and on behalf of all other Minnesota residents and entities similarly situated, Plaintiffs-Appellees, v. A.L.S. ENTERPRISES, INC.; Cabela's, Inc.; Cabela's Wholesale, Inc.; Gander Mountain Company, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2011.

Attorney(s) appearing for the Case

Naikang Tsao , argued, Madison, WI, Theresa A. Andre , Madison, WI, John D. Sear , Minneapolis, MN, on the brief, for appellant.

Renae D. Steiner , argued, Ernest W. Grumbles, III , Rachel C. Hughey , Thomas J. Leach , on the brief, Minneapolis, MN, for appellee.

Before LOKEN, MELLOY, and SHEPHERD, Circuit Judges.

LOKEN, Circuit Judge.

There is a substantial market for products that will prevent game animals, with their keen sense of smell, from detecting the presence of hunters. Activated carbon, when embedded in clothing, adsorbs1 and retains human scent. In 1992, A.L.S. Enterprises began manufacturing and selling hunting garments incorporating activated carbon by a patented process that A.L.S. advertised under the brand name "Scent-Lok®...

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