Legal Opinion

Gander Mountain Co. v. Cabela's, Inc.

Court of Appeals for the Eighth Circuit

Decided August 27, 2008No. 07-2890PublishedCited by 82 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

This case arose from a contract dispute involving a 1996 transaction between Gander Mountain Co. 1 and Cabela’s, Inc. Gander Mountain filed suit against Cabela’s seeking a declaration that a particular provision of the agreement, the Contingent Trademark License provision (“CTL”), was unenforceable. Cabela’s counterclaimed, seeking a declaration that the provision was enforceable and requesting an injunction prohibiting Gander Mountain from using its trademarks or confusingly similar marks in its direct marketing business. Concluding that the provision in question was…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  4. United States v. RaddatzSupreme Court of the United States · 1980
  5. Arizona v. CaliforniaSupreme Court of the United States · 1983

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3Cited by82 opinions

  1. FREVERT v. Ford Motor Co.Court of Appeals for the Eighth Circuit · 2010
  2. Murphy v. FedEx National LTL, Inc.Court of Appeals for the Eighth Circuit · 2010
  3. Bacon v. Hennepin County Medical CenterCourt of Appeals for the Eighth Circuit · 2008
  4. Anuforo v. CommissionerCourt of Appeals for the Eighth Circuit · 2010
  5. In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011

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

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