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

No. 17-1570, No. 17-1755.

912 F.3d 445 (2018)

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

United States Court of Appeals, Eighth Circuit.

Filed: December 21, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Timothy James Cullen, of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Colleen E. Rob Sinzdak, of Washington, DC. The following attorney(s) appeared on the appellee brief; Trey Yarbrough, of Tyler, TX., Neal Katyal, of Washington, DC., Alexander Biays Bowerman, of Philadelphia, PA.

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.


B&B Hardware, Inc. appeals the district court's1 judgment in favor of Hargis Industries, Inc. on B&B's claim of trademark infringement and request for an accounting of profits. Hargis cross-appeals from the district court's denial of its motion for fees and costs. We have jurisdiction...

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