United States Eighth Circuit

Defendant's product infringed plaintiff-Gateway's black and white cow and spots trademark where the spots have acquired distinctiveness through secondary meaning, is not functional, and is entitled to protection.

Appellate Information

• Decided 09/13/2004
• Published 09/13/2004

Judges

• SMITH, Circuit Judge., Before SMITH, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marina T. Larson, argued, Dillon, CO (Robin J. Houwman, Sioux Falls, SD, on the brief), for appellant.


• For Appellees:
  
• Douglas Rettew, argued, Washington, DC (Lee A. Magnuson, Sioux Falls, SD, on the brief), for appellee.