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IDAHO POTATO COMM. v. M & M PRODUCE FARM & SALES

Docket No. 02-7792(L), 02-7818(XAP).

335 F.3d 130 (2003)

IDAHO POTATO COMMISSION, Plaintiff-Appellant-Cross-Appellee, v. M & M PRODUCE FARM & SALES, doing business as M & M Produce, M & M Packaging, Inc., Matthew Rogowski and Mark Rogowski, Defendants-Counter-Claimants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2003.

Attorney(s) appearing for the Case

David Zaslowsky, Baker & McKenzie, New York, N.Y., for Plaintiff-Appellant-Cross-Appellee.

J. Joseph Bainton, Bainton McCarthy LLC, New York, NY (Irene M. Hurtado, on the brief), for Defendant-Counter-Claimants-Appellees-Cross-Appellants.

Thurbert E. Baker, Attorney General; Robert S. Bomar, Deputy Attorney General; Isaac Byrd, Senior Assistant Attorney General; Timothy J. Ritzka, Assistant Attorney General; Marc P. Goncher, Assistant Attorney General; Atlanta, GA; for Amicus Curiae State of Georgia, in support of the Idaho Potato Commission.

Kenneth Keck, General Counsel, Lakeland, FL, for Amicus Curiae Florida Department of Citrus, in support of the Idaho Potato Commission.

Before: FEINBERG, F.I. PARKER and SOTOMAYOR, Circuit Judges.

FEINBERG, Circuit Judge.

Plaintiff Idaho Potato Commission ("IPC") appeals from a May 2002 Memorandum and Order ("May 2002 Order") of the United States District Court for the Southern District of New York (Brieant, J.), vacating a $41,962 jury award for the IPC in its certification mark1 infringement suit under the Lanham Act, 15 U.S.C. § 1051 et seq., against M & M Produce Farm and Sales, M & M Packaging, Inc., and Matthew...

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