DIETER v. B & H INDUSTRIES OF SOUTHWEST FLORIDA

No. 88-3363.

880 F.2d 322 (1989)

Richard A. DIETER, d/b/a Shutterworld, and Richard A. Dieter General Contractor, Inc., Plaintiff-Appellant, Cross-Appellee, v. B & H INDUSTRIES OF SOUTHWEST FLORIDA, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 10, 1989.


Attorney(s) appearing for the Case

David W. Pettis, Jr., Tampa, Fla., for plaintiff-appellant, cross-appellee.

Merrill N. Johnson, Naples, Fla., for defendant-appellee, cross-appellant.

Before RONEY, Chief Judge, HILL, Circuit Judge and HOWARD, Chief District Judge.


Howard, Chief District Judge:

I. BACKGROUND.1

This is a trademark infringement action arising out of two southwest Florida shutter vendors' use of the same name and trademark. Appellant Dieter is the president and sole shareholder of appellant Richard A. Dieter General Contractor, Inc., a Florida corporation (collectively referred to as "Dieter"), headquartered in the Tampa Bay area...

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