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EUREKA WATER v. NESTLE WATERS NORTH AMERICA

Nos. 11-6104, 11-6116.

690 F.3d 1139 (2012)

EUREKA WATER COMPANY, an Oklahoma corporation, Plaintiff-Appellee/Cross-Appellant, v. NESTLE WATERS NORTH AMERICA, INC., a foreign corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

August 3, 2012.

Attorney(s) appearing for the Case

Adam H. Charnes , Kilpatrick Townsend & Stockton LLP, Winston-Salem, North Carolina, ( Richard D. Dietz , Kilpatrick Townsend & Stockton LLP, and Mark S. Grossman , Jessica L. Perry , Crowe & Dunlevy, Oklahoma City, OK, with him on the briefs), for Defendant-Appellant/Cross-Appellee.

Ronald T. Shinn Jr. ( Robert H. Gilliland, Jr. and Joshua W. Solberg , with him on the briefs), McAfee & Taft A Professional Corporation, Oklahoma City, OK, for Plaintiff-Appellee/Cross-Appellant.

Before LUCERO, HARTZ, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Eureka Water Company contends that a 1975 agreement grants it the exclusive license in 60 Oklahoma counties to sell spring water and other products using the Ozarka trademark. It sued Nestle Waters North America, Inc., the current owner of the Ozarka trademark, to obtain a declaratory judgment of that right and to obtain monetary relief under several theories, including breach of contract, tortious interference with business relations, unjust...

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