092686P.pdf   07/21/2010  Sensient Technologies Corp.  v.  SensoryEffects Flavor Co.
   U.S. Court of Appeals Case No:  09-2686
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Bye, Author, with Arnold and Colloton, Circuit Judges]
   Civil case - Trademarks. Because there is no evidence demonstrating
   any sale or transport of goods under the SensoryFlavors name, plaintiff
   failed to establish a triable issue of fact as to whether the goods were used
   in commerce, and the district court did not err in granting defendant
   summary judgment on the SensoryFlavors mark; District court did not err
   in finding the SensoryEffects mane is not likely to cause confusion to
   customers, as, on balance, the six factors the Eighth Circuit uses to
   determine the likelihood of confusion favor defendant; plaintiff's dilution
   claim under Missouri law fails because the marks in question are not
   sufficiently similar, and there is no likelihood of dilution between the
   marks. Judge Colloton, concurring in part and dissenting in part.