COMMODORES ENTERTAINMENT CORP. v. McCLARY

No. 16-15794.

879 F.3d 1114 (2018)

COMMODORES ENTERTAINMENT CORPORATION, Plaintiff-Counter Defendant-Appellee, v. Thomas McCLARY, Fifth Avenue Entertainment, LLC, Defendants-Counter Claimants-Third Party Plaintiffs-Appellants, David Fish, et al., Third Party Defendants.

United States Court of Appeals, Eleventh Circuit.

January 9, 2018.


Attorney(s) appearing for the Case

Dean Adrian Kent , Stephanie Smith Leuthauser , Lindsay Patrick Lopez , Brigid Anne Merenda , Trenam Law, Tampa, FL, for Plaintiff-Appellee.

Dorothy Easley , Easley Appellate Practice, PLLC, Miami, FL, Beryl B. Thompson-McClary , Thompson McClary Law Office, Orlando, FL, Gregory Gadson , Law Office of Gregory Gadson, Noblesville, IN, Marie Claire Mirch , Mirch Law Firm, LLP, San Diego, CA, for Defendants-Appellants.

Before MARCUS, MARTIN, and NEWSOM, Circuit Judges.


In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the...

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