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EPIC METALS CORP. v. SOULIERE

No. 95-2848.

99 F.3d 1034 (1996)

EPIC METALS CORP., a Pennsylvania Corporation, Plaintiff-Counter-Defendant-Appellee, v. Frank SOULIERE, Sr.; Condec, Inc., a Florida corporation, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 6, 1996.

Attorney(s) appearing for the Case

Sidney W. Kilgore, Sidney W. Kilgore, P.A., Clearwater, FL, for Defendants-Counter-Claimants-Appellants.

Frank R. Jakes, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Tampa, FL, for Epic Metals Corp.

Before COX, Circuit Judge, HILL, Senior Circuit Judge, and VINING, Senior District Judge.

HILL, Senior Circuit Judge:

Epic Metals Corporation (Epic) brought this action against Condec, Inc. (Condec) and its president, Frank Souliere, alleging trade dress infringement of EPICORE, Epic's composite steel floor deck profile, in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).1 Following a bench trial, the magistrate judge2 concluded that Condec had infringed upon Epic's trade dress...

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