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INDUSTRIES v. CABELA'S.COM

No. 24950.

766 N.W.2d 510 (2009)

2009 SD 39

DAKOTA INDUSTRIES, INC., Plaintiff and Appellant, v. CABELA'S.COM, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 20, 2009.

Attorney(s) appearing for the Case

John R. Pekas, Sioux Falls, South Dakota, Attorney for plaintiff and appellant.

Kent R. Cutler, Nichole Mohning Roths of Cutler & Donahoe, LLP, Sioux Falls, South Dakota, Thomas I. Ross, Gregory J. Chinlund of Marshall, Gerstein & Borun, LLP, Chicago, Illinois, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Dakota Industries, Inc. sued Cabela's.com, Inc., alleging that Cabela's unlawfully used Dakota Industries' state registered trademark. Cabela's moved for summary judgment, arguing that Dakota Industries abandoned the trademark through non-use. The circuit court granted Cabela's motion, and Dakota Industries appeals. We affirm.

Facts and Procedural History

[¶ 2.] Dakota Industries is a South Dakota corporation...

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