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TOOLTREND, INC. v. CMT UTENSILI, SRL

No. 98-3183.

198 F.3d 802 (1999)

TOOLTREND, INC., a Florida Corporation, d.b.a. CMT Tools, Plaintiff-Counter-defendant-Appellant, v. CMT UTENSILI, SRL, an Italian Company, CMT USA, INC., a North Carolina corporation, Defendants-Counter-claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 17, 1999.

Attorney(s) appearing for the Case

Marc Fogelberg, Donald G. Mulack, McBride, Baker & Coles, Chicago, IL, for Plaintiff-Counter-defendant-Appellant.

Leslie Joughin, III, Akerman, Senterfitt & Eidson, PA, Tampa, FL, Edgar H. Haug, Matthew K. Ryan, Frommer, Lawrence & Haug, LLP, New York City, for Defendants-Counter-claimants-Appellees.

Before CARNES and BARKETT, Circuit Judges, and PAINE, Senior District Judge.

BARKETT, Circuit Judge:

Tooltrend, Inc. ("Tooltrend") appeals from the district court's order vacating a jury verdict in its favor for $1,741,993 against its former business associates CMT Utensili and CMT USA (collectively "Utensili"). The jury award was based on Tooltrend's claim of unjust enrichment in a dispute between the parties involving the ownership of three separate trademarks. The district court vacated the award of damages and entered judgment in favor...

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