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GILBERT/ROBINSON v. CARRIE BEVERAGE-MISSOURI

Nos. 91-2869, 91-2877.

989 F.2d 985 (1993)

GILBERT/ROBINSON, INC., a corporation, Plaintiff-Appellee, v. CARRIE BEVERAGE-MISSOURI, INC., a corporation, Defendant-Appellant, Carrie Beverage Incorporated, a corporation, Defendant. GILBERT/ROBINSON, INC., a corporation, Plaintiff-Appellant, v. CARRIE BEVERAGE-MISSOURI, INC., a corporation, Defendant-Appellee, Carrie Beverage Incorporated, a corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1993.

Rehearing and Rehearing Denied May 19, 1993.

Attorney(s) appearing for the Case

Thomas C. Walsh, Bryan Cave, St. Louis, MO, for plaintiff-appellant—cross-appellee, Gilbert Robinson, Inc.

James Francis Malone, St. Louis, MO, for defendants-appellees — cross-appellants, Carrie Beverage-Missouri, Inc. and Carrie-Beverage, Inc.

Before LOKEN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ROSENBAUM, District Judge.

Rehearing and Rehearing En Banc Denied May 19, 1993.

LOKEN, Circuit Judge.

In this trademark infringement case, plaintiff Gilbert/Robinson, Inc. ("Gilbert"), the trademark owner, appeals a jury verdict awarding infringing defendants Carrie Beverage, Inc., and Carrie Beverage-Missouri, Inc. (collectively, "Carrie"), $3.1 million in compensatory and punitive damages because of Gilbert's fraud on the United States Patent and Trademark Office (the "PTO"). Carrie...

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