PLANETARY MOTION v. TECHPLOSION

No. 00-10872.

261 F.3d 1188 (2001)

Planetary Motion, Inc., Plaintiff-Counter-Defendant-Appellee, v. Techplosion, Inc., Michael Gay a.k.a. Michael Carson, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 16, 2001.


Attorney(s) appearing for the Case

John Cyril Malloy, III, Louis R. Gigliotti, Malloy & Malloy, P.A., Miami, FL, for Appellants.

Douglas Rappaport, Piper Marbury Rudnick and Wolfe, New York City, Mimi Sall, Ft. Lauderdale, FL, for Appellee.

Before TJOFLAT and WILSON, Circuit Judges, and RESTANI, Judge.


RESTANI, Judge:

Planetary Motion, Inc. ("Planetary Motion" or "Appellee") sued Techsplosion, Inc. and Michael Gay a/k/a Michael Carson (respectively "Techsplosion" and "Carson"; collectively "Appellants") for infringement and dilution of an unregistered trademark under Section 43(a) and (c) of the Federal Trademark Act, 15 U.S.C. § 1051 et seq. (1994) ("Lanham Act"), and for violation of Florida's unfair competition law. Fla. Stat. Ann. § 495.151...

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