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MAGUIRE v. GORRUSO

No. 01-203.

800 A.2d 1085 (2002)

Robert W. MAGUIRE and Robert W. Maguire, Ltd. v. Samuel J. GORRUSO, Sammy G. Media Corporation.

Supreme Court of Vermont.

May 3, 2002.

Attorney(s) appearing for the Case

John J. Welch, Jr., Rutland, for Plaintiffs-Appellees.

Kevin Ellicott of Ellicott & Ellicott, P.C., Rutland, for Defendants-Appellants.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

AMESTOY, C.J.

Defendants Samuel J. Gorruso and Sammy G. Media Corporation appeal from a judgment, based on a jury verdict, in favor of plaintiffs Robert W. Maguire and Robert Maguire, Ltd., awarding damages of $272,000 for unfair competition and $143,000 for conversion. Defendants contend: (1) compensatory damages were unavailable as a matter of law for the common law unfair competition claim of trade name or trade dress infringement; (2) the evidence was insufficient...

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