U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

Trademark Infringement Action and Agriculture Matter

In Georgia-Pac. Consumer Prods. LP v. Myers Supply, Inc., No. 09-2980, an action for contributory trademark infringement, the court affirmed summary judgment for defendant where 1) the district court did not abuse its discretion in discounting plaintiff's survey evidence and crediting more the testimony from industry insiders, and thus, correctly determined that there is no actual confusion by bathroom consumers; and 2) under Arkansas law, there was a strong presumption that interference with an at-will contract is not improper.

In In re: Aurora Dairy Corp., No. 09-2762, an action on behalf of organic milk consumers against defendant-organic milk producer, claiming violations of state law arising from defendant's alleged failure to comply with the Organic Foods Production Act (OFPA) and National Organic Program (NOP), the court affirmed the dismissal of the action in part where the district court correctly decided, to the extent state law permitted outside parties, including consumers, to interfere with or second guess the certification process, the state law was an obstacle to the accomplishment of congressional objectives of the OFPA.  However, the court reversed in part where the purposes of the OFPA were not furthered by preempting certain state law claims.

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