Lewis & Clark Outdoors, Inc. v. L. C. Industries, Inc.

Filing 157

JUDGMENT in favor of Lewis & Clark Outdoors, Inc. Signed by Honorable Robert T. Dawson on October 27, 2009. (jn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

LEWIS & CLARK OUTDOORS, INC. v. L.C. INDUSTRIES, INC. JUDGMENT

PLAINTIFF/COUNTER-DEFENDANT

Case No: 5:07-cv-5164 DEFENDANT/COUNTER-PLAINTIFF

On July 27, 2009, this matter came on for trial to a duly selected jury consisting of eight members, the Honorable Robert T. Dawson presiding. when the case was The trial continued until July 30, 2009, submitted to the jury on three

interrogatories.

The jury reached a unanimous verdict as to the

first interrogatory, therefore, they were instructed not to answer the remaining two interrogatories. Interrogatory No. 1 as follows: DO YOU FIND THAT LEWIS & CLARK OUTDOORS USED A SIMILAR MARK WITHOUT THE CONSENT OF L.C. INDUSTRIES IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION AS TO THE ORIGIN OF THAT PERSON'S GOODS OR SERVICES OR THAT PERSON'S AFFILIATION, CONNECTION OR ASSOCIATION WITH ANOTHER PERSON? YES ___ NO _/_ In accordance with this verdict, it is HEREBY ORDERED AND ADJUDGED that Lewis & Clark Outdoors, Inc.'s use of Lewis & Clark Outfitters in connection with its operation of its retail stores is not likely to cause confusion with and does not The jury completed

AO72A (Rev. 8/82)

infringe on L.C. Industries, Inc.'s use of its mark "Lewis N. Clark" in connection with its brand of travel accessories and other products sold under that mark. Further, all parties are

to bear their own costs and fees in this matter. IT IS SO ORDERED this 27th day of October 2009. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)