United States Eighth Circuit

In a trademark infringement action, district court's dismissal of plaintiff's action is reversed and remanded where the court erred in finding that the prior litigation between the parties collaterally estopped the current trademark infringement action,j as the jury in that case had not addressed the likelihood of confusion between the parties' marks.

Appellate Information

• Decided 06/22/2009
• Published 06/22/2009

Judges

• SHEPHERD, Circuit Judge., Before BYE, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kathryn Bennett, Perkins, argued, Little Rock, AR, Brook A. Brewer, on the brief, for appellant.


• For Appellees:
  
• Herbert A. Yarbrough, III, argued, Tyler, TX, H. William Allen and Kevin M. Lemley, Little Rock, AR, and Trey Yarbrough, Tyler, TX, on the brief, for appellee.