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LOVELY SKIN, INC. v. ISHTAR SKIN CARE PRODUCTS

No. 12-3631.

745 F.3d 877 (2014)

LOVELY SKIN, INC., Plaintiff-Appellant v. ISHTAR SKIN CARE PRODUCTS, LLC, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 13, 2014.

Attorney(s) appearing for the Case

Matthew Thomas Furton , argued, Chicago, IL ( Matthew Thomas Furton , Daniel I. Schlessinger , on the brief), for Appellant.

John Patrick Passarelli , argued, Omaha, NE ( John Patrick Passarelli , Matthew Scott Noren , on the brief), for Appellee.

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Lovely Skin, Inc. ("Lovely Skin") brought a four-count complaint against Ishtar Skin Care Products, LLC ("Ishtar"), alleging trademark infringement and false designation of origin under the Lanham Act, and common law unfair competition and injury to business reputation in violation of Nebraska law. Ishtar counterclaimed, seeking cancellation of the registrations of Lovely Skin's two trademarks. After a bench trial, the district court canceled...

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