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DAKOTA INDUSTRIES, INC. v. EVER BEST LTD.

Nos. 93-2723, 93-2765.

28 F.3d 910 (1994)

DAKOTA INDUSTRIES, INC., Appellant/Cross-Appellee, v. EVER BEST LTD.; Dakota Blue Corp.; Carl Eckhaus; Sam Ko; Kenneth Kwok, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

James A. Hertz, Sioux Falls, SD, argued, for appellant.

William P. Fuller, Sioux Falls, SD, argued (Gary S. Graifman, on the brief), for appellee.

Before HANSEN, Circuit Judge, HEANEY and JOHN R. GIBSON, Senior Circuit Judges.

JOHN R. GIBSON, Senior Circuit Judge.

Dakota Industries, Inc. appeals from a jury verdict in favor of Ever Best Ltd., Dakota Blue Corporation, Carl Eckhaus, Sam Ko, and Kenneth Kwok in a trademark infringement action. Dakota Industries manufactures cold-weather, outdoor-type garments under the trademark "DAKOTA," and licenses M. Fine & Sons Manufacturing, Inc. to manufacture and sell men's and boys jeanswear under the labels "DAKOTA" and "DAKOTA BLUES." Dakota...

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