MGB Successfully Defends Trademark Infringement Lawsuit on Summary Judgment

July 7, 2008

Marshall, Gerstein & Borun ("MGB") attorneys caused a trademark infringement lawsuit against client Cabela's, the outdoor equipment and clothing retailer, to be dismissed on summary judgment. The plaintiff, Dakota Industries, Inc, claimed to have trademark rights in the name DAKOTA for a variety of clothing and charged with trademark infringement and state and federal unfair competition, among other claims, as a result of Cabela's sales of clothing using "Dakota Vest" and "Dakota Jacket." By obtaining tax returns and other business documents and through the deposition of the plaintiff's principal, MGB substantiated its suspicion that the plaintiff had abandoned any trademark rights in DAKOTA years earlier and briefed and argued summary judgment on that basis. The court adopted the position advocated by MGB in its ruling dated July 1, 2008, finding that the plaintiff had abandoned any rights in DAKOTA and granting summary judgment in favor of MGB's client with dismissal of the case on the merits and with prejudice. The MGB attorneys were Thomas I. Ross and Gregory J. Chinlund. [Second Judicial District South Dakota CIV 06-581].