MAVERICK BOAT COMPANY v. AMERICAN MARINE HOLDINGS, INC., (S.D.Fla. 2004)

DONALD MIDDLEBROOKS, District Judge

THIS CAUSE comes before the Court on a non-jury trial. The Court having heard testimony, received documentary evidence, and being otherwise advised in the premises, rendered a decision on February 10, 2004. Accordingly, it is hereby

ORDERED AND ADJUDGED that

1. Plaintiff Maverick Boat Company shall take nothing as to its claims against AMH and Blazer for Infringement of Original Hull Design and Trade Dress Infringement;

2. Judgment shall be entered in favor of Defendant/Counter-Plaintiff AMH and Plaintiff Blazer as to their claims for Cancellation of Registration Number 0049;

3. Judgment shall be entered in favor of Defendant/Counter-Plaintiff AMH and Plaintiff Blazer as to their claims for Cancellation of Registration Number 0056;

4. Plaintiff Blazer shall take nothing as to its claims for False Advertising, Unfair Competition, Tortious Interference with Advantageous Business Relationships, Product Disparagement, and Defamation;

5. Defendant/Counter-Plaintiff AMH shall take nothing as to its claims for False Advertising, Product Disparagement, Unfair Trade Practices, Unfair Competition, Tortious Interference with Advantageous Business Relationships and Defamation;

3. The Clerk of Court shall CLOSE both cases;

2. The Court retains jurisdiction to resolve the issue of attorney's fees; and

3. AMH and Blazer shall file appropriate documentation of their attorney's fees within 20 days of the entry of this order.

DONE AND ORDERED.