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GLOBAL PROTECTION CORP. v. HALBERSBERG

No. 2856.

332 S.C. 149 (1998)

503 S.E.2d 483

GLOBAL PROTECTION CORP., formerly known as The Puria Group, Inc., d/b/a Custom Condoms, Respondent, v. David HALBERSBERG, individually, and a/k/a King David and d/b/a King David, d/b/a S & M Enterprises, Inc., d/b/a Dave's Beachwear, d/b/a King David Wholesale; S & M Enterprises, Inc. d/b/a King David, and d/b/a King David Wholesale and d/b/a Dave's Beachwear, Appellants.

Court of Appeals of South Carolina.

Decided June 23, 1998.

Rehearing Denied August 20, 1998.

Attorney(s) appearing for the Case

B. Craig Killough and M. Dawes Cooke, Jr., both of Barnwell, Whaley, Patterson & Helms, Charleston, for appellant.

Fred B. Newby, of Newby, Pridgen & Sartip, Myrtle Beach; and Wellington M. Manning, Jr., of Dority & Manning, Greenville, for respondent.

STILWELL, Judge:

Global Protection Corporation filed this action against David Halbersberg and his numerous businesses alleging common law trademark infringement, common law trade dress infringement, civil conspiracy, and unfair trade practices. Judgment was entered against Halbersberg for $1,249,451.38. We affirm in part and reverse in part.

Global developed its novelty glow-in-the-dark condom, called "Knight Light...

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