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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Trademark Infringement-Use in Commerce Element-Voluntary Dismissal without Prejudice

Trademark Infringement-Use in Commerce Element-Voluntary Dismissal without Prejudice

Defendants appealed from the grant of plaintiff’s motion to voluntarily dismiss without prejudice. Plaintiff had alleged that defendants advertised and marketed an infringing product but never actually manufactured it or delivered it to customers. Defendants moved to dismiss, arguing that plaintiff could not satisfy the use in commerce element, but the district court granted plaintiff’s ...
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