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

Nos. 10-3137, 11-1247.

716 F.3d 1020 (2013)

B & B HARDWARE, INC., a California Corporation, Plaintiff-Appellant v. HARGIS INDUSTRIES, INC., a Texas Corporation, doing business as Sealtite Building Fasteners, doing business as East Texas Fasteners; East Texas Fasteners, a business entity of form unknown; John Does, 1 through 10, inclusive, Defendants-Appellees. B & B Hardware, Inc., a California Corporation, Plaintiff-Appellant v. Hargis Industries, Inc., a Texas Corporation, doing business as Sealtite Building Fasteners, doing business as East Texas Fasteners; East Texas Fasteners, a business entity of form unknown; John Does, 1 through 10, inclusive, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 1, 2013.

Rehearing and Rehearing En Banc Denied June 20, 2013.


Attorney(s) appearing for the Case

Timothy James Cullen , argued, Little Rock, AR, for appellant.

Herbert A. Yarbrough, III , argued and on the brief, Tyler, TX, H. William Allen , Brooks C. White , Little Rock, TX, Debra Elaine Gunter , Tyler, TX, Susan J. Hightower , Austin, TX, on the brief, for appellees.

Before LOKEN, COLLOTON, and SHEPHERD, Circuit Judges.


SHEPHERD, Circuit Judge.

Following our prior remand, B & B Hardware, Inc. v. Hargis Industries, Inc., 569 F.3d 383 (8th Cir.2009), the district court conducted a seven-day jury trial on B & B Hardware's ("B & B") claim of trademark infringement and unfair competition and on Hargis Industries' ("Hargis") counterclaims of false advertising and false designation of origin. The jury returned a verdict which rejected...

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