United States Eleventh Circuit

In dispute arising out of distributorship agreement and competing adhesive products for floor coverings, judgment for defendants is affirmed over claims that the district court erred in granting: 1) partial summary judgment for defendants on plaintiff's claims of trademark infringement and unfair competition; 2) summary judgment in favor of defendants on plaintiff's claims of breach of confidential relationship, breach of fiduciary duty, fraudulent concealment, fraud, and negligent misrepresentation; and 3) granting defendants' renewed motion for judgment as a matter of law on plaintiff's trademark and unfair competition claims, due to a lack of evidence establishing plaintiff's damages.

Appellate Information

• Decided 08/22/2007
• Published 08/22/2007

Judges

• BIRCH, Circuit Judge:, Before EDMONDSON, Chief Judge, and BIRCH and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Sean Richard Smith, John C. Herman, Matthew Sean Yungwirth, Duane Morris, LLP, Atlanta, GA, for Plaintiff-Appellant.


• For Appellees:
  
• Rita Arlene Sheffey, Bradley W. Grout, Hunton & Williams, Atlanta, GA, John A. Lucas, Hunton & Williams, Knoxville, TN, for Defendants-Appellees.