September 3, 2008, 12:00 AM

Appeals Court rules in favor of Gander Mountain

The U.S. Court of Appeals for the Eighth Circuit has upheld a lower court’s judgment that will enable Gander Mountain to use its trademarks in direct marketing.

The U.S. Court of Appeals for the Eighth Circuit, St. Paul, MN, has upheld a lower court’s judgment that frees Gander Mountain to use its trademarks in direct marketing. The ruling upheld a July 2007 motion for summary judgment against Cabela’s Inc. in a dispute over rights to trademarks.

In 2007 the U.S. District Court of Minnesota granted Gander Mountain Co., No. 213 in the Internet Retailer Top 500 Guide, the rights to use the Gander Mountain name and certain trademarks in direct marketing that have been contested since Cabela’s Inc. bought Gander Mountain’s catalog business in 1996. Cabela’s appealed the decision, putting Gander’s plans to push ahead into catalog and online sales on hold until last week’s ruling.

“We are pleased with this decision and eager to finally set this matter behind us so we can continue implementing our plans to grow our direct business sales through catalogs and the Internet,” says Mark Baker, Gander Mountain CEO.

Cabela’s, No. 40 in the Internet Retailer Top 500 Guide, is pondering its next step. “We are disappointed in the ruling, but continue to focus on our business,” says a Cabela’s spokesman. “The ruling is being reviewed; therefore we have not decided whether any further action is appropriate at this time.”

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