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HI LTD. PARTNERSHIP v. WINGHOUSE OF FLORIDA, INC.

No. 05-10074.

451 F.3d 1300 (2006)

HI LIMITED PARTNERSHIP, a Florida Limited Partnership, Hooters of America, Inc., a Georgia Corporation, Plaintiffs-Counter-Defendants-Appellants, v. WINGHOUSE OF FLORIDA, INC., a Florida Corporation, Winghouse of Kissimmee, LLC, a Florida Limited Liability Company, KER, Inc., a Florida Corporation, Winghouse of Orlando, Inc., a Florida Corporation, Winghouse IX, Inc., a Florida Corporation, Winghouse XI, LLC, a Florida Limited Liability Company, Winghouse XII, LLC, a Florida Limited Liability Company, Defendants-Counter-Claimants-Appellees, Terra Nova Insurance Company, Defendant.

United States Court of Appeals, Eleventh Circuit.

June 15, 2006.

Attorney(s) appearing for the Case

Peter F. Schoenthaler, Steven G. Hill, Charlene R. Swartz, Hill, Kertscher & Wharton, LLP, Atlanta, GA, for Appellants.

Bradford Allen Patrick, Richard G. Salazar, Hala A. Sandridge, Fowler, White, Boggs, Banker, P.A., Gayle Wrede Kirkpatrick, G. Donovan, Conwell, Jr., Conwell, Sukhia & Kirkpatrick, P.A., Tampa, FL, for Appellees.

Before ANDERSON, BARKETT and BOWMAN, Circuit Judges.

BARKETT, Circuit Judge:

Appellants ("Hooters") appeal from the district court's judgment as a matter of law on their claims of trade dress infringement, trade dress dilution, and unjust enrichment. Hooters also appeals a jury verdict for Ker, Inc. ("Ker"), on its counterclaim alleging that a 1997 settlement agreement barred Hooters from bringing the present suit. The jury awarded Ker $1.2 million in attorneys fees as damages arising from Hooters' alleged breach of...

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