Legal Opinion

Sheplers Catalog Sales, Inc. v. Old West Dry Goods Corp.

District Court, D. Kansas

Decided August 17, 1993No. Civ. A. No. 92-2264-GTVPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This case is before the court on defendant’s Motion to Dismiss for Failure to State a Claim (Doc. 17). Plaintiffs have responded (Doc. 22) and oppose the motion. For the reasons stated in this memorandum and order, the motion is granted in part and denied in part.

This is a copyright and unfair trade practices case which arises from allegations by plaintiffs Sheplers Catalog Sales, Inc., and Sheplers, Inc., (“Sheplers”) that defendant Old West Dry .Goods Corporation (“Old West”) substantially reproduced Sheplers’ Order Form and Ordering…

2Cases cited9 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  4. Baker v. SeldenSupreme Court of the United States · 1880
  5. Swanson v. BixlerCourt of Appeals for the Tenth Circuit · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Advanz Behavioral Management Resources, Inc. v. MiraflorDistrict Court, C.D. California · 1998

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