Legal Opinion
Dakota Industries, Inc. v. Dakota Sportswear, Inc.
District Court, D. South Dakota
Decided August 27, 1990No. CIV 90-4014PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOHN B. JONES, District Judge.
Plaintiff is the holder of Federal Trademark Registration No. 941,497 for use of the trademark “DAKOTA” on snowmobile suits, jackets, coats, coveralls, ski pants and jackets, and jumpsuits and jackets, in U.S. Class 39. Plaintiff has brought this action alleging that the defendant’s use of the trademark “DAKOTA SPORTSWEAR” infringes its trademark.
This Court has federal question jurisdiction under 15 U.S.C. §§ 1051-1127 and 28 U.S.C. § 1338.
Defendant has made a motion to dismiss under Rule 12(b) for lack of personal jurisdiction, or, in…
2Cases cited14 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Keeton v. Hustler Magazine, Inc.Supreme Court of the United States · 1984
- Leroy v. Great Western United Corp.Supreme Court of the United States · 1979
- The Land-O-Nod Company v. Bassett Furniture Industries, Incorporated, and the E.B. Malone CorporationCourt of Appeals for the Eighth Circuit · 1983
- Honeywell, Inc. v. Metz ApparatewerkeCourt of Appeals for the Seventh Circuit · 1975
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3Cited by1 opinion
- Dakota Industries, Inc. v. Dakota Sportswear, Inc.Court of Appeals for the Eighth Circuit · 1991