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MASTERS v. UHS OF DELAWARE, INC.

Nos. 09-3543, 09-3700.

631 F.3d 464 (2011)

Mary Virginia MASTERS, also known as Virginia E. Johnson, Appellee, v. UHS OF DELAWARE, INC., Appellant. Mary Virginia Masters, Virginia E. Johnson, Appellant, v. UHS of Delaware, Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 6, 2011.

Attorney(s) appearing for the Case

Dean L. Franklin , argued, St. Louis, MO, Jonathan G. Musch , St. Louis, MO, Donna Phillips Currault , and Ewell Elton Eagan, Jr. , New Orleans, LA, on the brief, for appellant.

David Harlan , argued, Bradley Scott Eidson , on the brief, St. Louis, MO, for appellee.

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.

WOLLMAN, Circuit Judge.

UHS of Delaware, Inc. (UHS) appeals from the judgment entered on a jury verdict of $2.4 million in favor of Mary Masters (Masters) on claims of service mark infringement under the Lanham Act and breach of contract. UHS contends that the district court1 erred in concluding that Masters was eligible for monetary relief under the Lanham Act and in upholding an award based on disgorgement of profits. UHS also challenges...

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