AUSTRALIAN GOLD, INC. v. HATFIELD

No. 03-6218.

436 F.3d 1228 (2006)

AUSTRALIAN GOLD, INC.; Advanced Technology Systems, Inc.; Ets, Inc., Plaintiffs-Appellees, v. Brenda HATFIELD; Mark Hatfield; Matthew Hatfield; Palm Harbor Tanning & Distributing, Inc., doing business as Miti-Fine Tan & Tone; Internet Marketing Guys; Bubba's Tanning Salon; Internet Marketing Guys Tanning Salon; Joanna Hatfield; Tan Time, Inc.; Quality Tanning & Distributing L.L.C., doing business as United Domain Management, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 7, 2006.


Attorney(s) appearing for the Case

Jack S. Dawson, Miller Dollarhide, Oklahoma City, Oklahoma (James A. Scimeca, Mark S. Edmondson, Miller Dollarhide, Oklahoma City, OK, with him on the briefs), for Defendants-Appellants.

Michael A. Wukmer, Ice Miller, Indianapolis, IN (Scott D. Matthews, Ice Miller, Indianapolis, IN; D. Kent Meyers, Crowe & Dunlevy, P.C., Oklahoma City, OK, with him on the brief), for Plaintiffs-Appellees.

Before EBEL, Circuit Judge, TYMKOVICH, Circuit Judge, and BROWNING, District Judge.


EBEL, Circuit Judge.

This case stems from Defendants' unauthorized resale over the internet of indoor tanning lotions manufactured and distributed by Plaintiffs. Plaintiffs sued Defendants for trademark infringement, false advertising, and tortious interference with the contracts between Plaintiffs and their distributors. Defendants filed this appeal after a jury awarded Plaintiffs over $5 million in compensatory and punitive damages.

In this appeal, Defendants...

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