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JACKED UP, L.L.C. v. SARA LEE CORP.

No. 15-11019.

854 F.3d 797 (2017)

JACKED UP, L.L.C., Plaintiff-Appellant, v. SARA LEE CORPORATION; The J.M. Smucker Company, Defendants-Appellees. Jacked Up, L.L.C., Plaintiff-Appellant, v. The J.M. Smucker Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 25, 2017.

Attorney(s) appearing for the Case

Christopher D. Kratovil, Esq. , Victor Calvin Johnson , Dykema Cox Smith , Dallas, TX, Kristina Marie Williams , Dykema Cox Smith , Austin, TX, for Plaintiff-Appellant.

Christopher John Schwegmann , Attorney, David Steven Coale, Esq. , Andres Correa , Michael Paige Lynn , Lynn Pinker Cox & Hurst, L.L.P., Dallas, TX, for Defendants-Appellees.

Before PRADO, HIGGINSON, and COSTA, Circuit Judges.

In September 2011, Jacked Up, L.L.C. ("Jacked Up") and Sara Lee Corporation ("Sara Lee") signed a licensing agreement whereby Sara Lee would produce and sell energy drinks developed by Jacked Up. Shortly thereafter, Sara Lee sold its beverage division to the J.M. Smucker Company ("Smucker"). Smucker decided not to...

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