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MAMMA MIA'S TRATTORIA v. ORIGINAL BROOKLYN WATER

No. 13-12798.

768 F.3d 1320 (2014)

MAMMA MIA'S TRATTORIA, INC., a Florida corporation, Plaintiff, Bersin Bagel Group, LLC, Interested Party-Appellant, v. The ORIGINAL BROOKLYN WATER BAGEL CO., INC., a Florida corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 30, 2014.

Attorney(s) appearing for the Case

John P. Kelly , The Kelly Law Firm, Fort Lauderdale, FL, for Plaintiff.

Samantha Tesser Haimo , Kopelowitz Ostrow Ferguson Weiselberg Keechl , Fort Lauderdale, FL, for Interested Party-Appellant.

Eric Lee , Lee & Amtzis, PL, Boca Raton, FL, Ira Marcus , Law Office of Ira Marcus, Fort Lauderdale, FL, for Defendant-Appellee.

Before MARCUS, Circuit Judge, and PROCTOR and EVANS, District Judges.

MARCUS, Circuit Judge:

When the Original Brooklyn Water Bagel Company ("OBWB") settled a qui tam false marking suit, the district court entered a final judgment that barred future lawsuits against OBWB related to certain false patent marking or advertising. Thereafter, Bersin Bagel Group, LLC ("Bersin") sued OBWB in state court for damages tied to Bersin's investment in an OBWB franchise. OBWB sought, and the district...

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