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BISHOP v. EQUINOX INTERN. CORP.

Nos. 97-5161, 97-5167.

154 F.3d 1220 (1998)

James S. BISHOP, d/b/a Essence of Life, Plaintiff-Appellant and Cross-Appellee, v. EQUINOX INTERNATIONAL CORP., a Nevada corporation, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

September 4, 1998.

Attorney(s) appearing for the Case

William S. Dorman, Dorman & Gilbert, P.A., Tulsa, Oklahoma, for Plaintiff-Appellant.

Mack J. Morgan, III (D. Kent Meyers with him on the brief), Crowe & Dunlevy, P.C., Oklahoma City, Oklahoma, for Defendant-Appellee.

Before BALDOCK, BRORBY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This appeal arises out of a trademark infringement and unfair competition action filed by James S. Bishop against Equinox International Corporation ("Equinox"), alleging a violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). We consider for this Circuit whether an accounting of profits pursuant to 15 U.S.C. § 1117(a) requires proof of actual damages.

Following a bench trial, the district court concluded that a...

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