Dakota Industries, Inc. v. Cabela's.Com, Inc.

ZINTER, Justice.

[¶ 1.] Dakota Industries, Inc. sued Cabela’s.com, Inc., alleging that Cabela’s unlawfully used Dakota Industries’ state registered trademark. Cabela’s moved for summary judgment, arguing that Dakota Industries abandoned the trademark through non-use. The circuit court granted Cabela’s motion, and Dakota Industries appeals. We affirm.

Facts and Procedural History

[¶ 2.] Dakota Industries is a South Dakota corporation engaged in the business of manufacturing and marketing outerwear products. Cabela’s is a Nebraska corporation engaged in the on-line sale of retail goods. In 1968,…