The Akansas Supreme Court today turned back the state’s effort to short-circuit a lawsuit by a marketing firm contending it has the trademark on the name Arkansas Lottery and the Arkansas Lottery Commission owes it money for infringing on it. The state had claimed sovereign immunity and contended the circuit judge had essentially agreed with that argument, so the suit should be dismissed.

A split Supreme Court ruled that the judge had not yet ruled on the sovereign immunity question and hearings should continue. Three justices of the seven dissented.