First National Bank, in Sioux Falls, a National Banking Corporation v. First National Bank, South Dakota
Court of Appeals for the First Circuit
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
The First National Bank in Sioux Falls appeals from one portion of the district court’s order which granted relief against First National Bank, South Dakota under the Lanham Act and common law of service mark enjoining FNB South Dakota from using only the marks “First National” or “First National Bank” within a ten-mile radius of FNB Sioux Falls Bank, but denying plaintiffs request for an injunction against FNB South Dakota using its full legal name within the ten-mile radius. FNB Sioux Falls argues that the district court 1 abused its discretion in denying the…
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