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041282P.pdf   01/04/2005  Everest Funds Mgt.  v.  Everest Capital
   U.S. Court of Appeals Case No:  04-1282
   District of Nebraska   
   Civil case - trademarks. Evidence was sufficient to support jury's 
   verdict that defendant's use of the Everest mark was not a Lanham Act 
   violation; jury instruction on likelihood of confusion was a fair and 
   adequate statement of the law; plaintiff was not entitled to judgment as a 
   matter of law on trademark dilution claim, as a reasonable jury could find 
   the mark was not famous in a relevant consumer market and had not 
   actually been diluted; reasonable jury could reject commercial 
   misrepresentation claims on the ground any misrepresentation was 
   inadvertent, did not deceive anyone and had not injured plaintiff. 
   [PUBLISHED] [Loken, Chief Judge, with Wollman and Beam, Circuit Judge]