United States Eighth Circuit

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WWP, Inc. v. Wounded Warriors Family Support, Inc., 10-1794

In an action alleging that defendant sowed confusion on the Internet by using a website to solicit donations intended for plaintiff, in violation of Nebraska law, judgment for plaintiff is affirmed where 1) the district court did not abuse its discretion in refusing to require plaintiff to "dump" all of its donation records on defendant; 2) the district court gave a cautionary instruction about its prior entry of a preliminary injunction; and 3) a reasonable jury could infer that many of the 7,500 donations -- even those lacking any specific reference to plaintiff or its more well-known marketing efforts -- were intended for plaintiff in light of defendant's deceptive and unfair trade practices and defendant's lack of advertising or promoting its own charitable work.

Appellate Information

  • Decided 01/12/2011
  • Published 01/12/2011

Judges

  • William J. Riley

Court

  • United States Eighth Circuit

Counsel