Ark. Lottery Comm'n v. Alpha Marketing (Majority, with Dissenting)Annotate this Case
At issue in this case were three trademarks registered to Plaintiff by the secretary of state. Plaintiff filed an amended complaint for declaratory judgment, seeking a determination that its trademarks were valid and that it was entitled to the exclusive use of those marks, and claiming trademark infringement against the Arkansas Lottery Commission. The Commission filed a motion to dismiss Plaintiff's complaint, which the circuit court denied. The Commission appealed, contending that the circuit court erred in denying its motion to dismiss Plaintiff's claims because those claims were barred by sovereign immunity. The Supreme Court dismissed the Commission's interlocutory appeal without prejudice because the circuit court did not rule on the sovereign-immunity issue.