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GATEWAY, INC. v. COMPANION PRODUCTS, INC.

No. CIV.01-4096-KES.

320 F.Supp.2d 912 (2002)

GATEWAY, INC., Plaintiff, v. COMPANION PRODUCTS, INC. Defendant.

United States District Court, D. South Dakota, Southern Division.

September 27, 2002.

Attorney(s) appearing for the Case

Douglas Rettew, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, Douglas S. Weinstein, Roger D. Taylor, Virginia L. Carron, Finnegan, Henderson, Farabow, Garrett & Dunner, Atlanta, GA, Lee A. Magnuson, Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, for Plaintiff.

Karen L. Wade, Marina T. Larson, Oppedahl & Larson, LLP, Dillon, CO, Mark V. Meierhenry, Robin J. Houwman, Danforth, Meierhenry & Meierhenry, Sioux Falls, SD, for Defendant.

ORDER GRANTING SUMMARY JUDGMENT IN PART AND DENYING SUMMARY JUDGMENT IN PART

SCHREIER, District Judge.

[¶ 1] Plaintiff, Gateway, Inc., brings this action against defendant, Companion Products, Inc. (CPI), seeking an injunction and damages for CPI's alleged use of Gateway's cow spots and "Welcome to Gateway Country" trademarks. Gateway alleges in its complaint the following causes of action: false designation...

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