Pensacola Motor Sales Inc. v. Eastern Shore Toyota, No. 10-15761 (11th Cir. 2012)
Annotate this CaseOf the parties in this case, one of two competing car dealerships used a software program in order to compete more aggressively with the other one over the internet. The program produced a "multiplicity of mini-websites, a host of hard feelings, and of course, litigation." The mini-websites (or "microsites" would either automatically redirect users who clicked on them to Eastern Shore Toyota, LLC's official websites, or they would display a one-page website advertising Eastern Shore. Eastern Shore was sent numerous cease-and-desist letters for using any microsite address that infringed on another company's trademark. Eastern Shore blamed the person behind the creation of its microsite marketing strategy for its legal troubles with third parties. One such third party, Bob Tyler Toyota, filed suit against Eastern Shore's owner Shawn Esfahani and the "internet marketing expert" who first approached Eastern Shore with the microsite idea, David Vaughn, Jr. Bob Tyler Toyota brought six claims against Eastern Shore, seeking injunctive relief and actual and statutory damages, all relating to Eastern Shore's alleged misuse of its trademarks under state and federal law. The district court denied Bob Tyler Toyota's motion for summary judgment and its motion for judgment as a matter of law. The jury found that Eastern Shore violated at least one of Bob Tyler Toyota's six claims. At that time, Bob Tyler Toyota did not object to or even mention any inconsistencies between the jury's findings. A month after the verdict, Bob Tyler Toyota renewed its motion for judgment as a matter of law on all of its claims. It also moved for a new trial on its anticybersquatting claim, arguing, among other things, that the jury verdict was inconsistent and that it was not supported by the evidence. The district court denied both motions. Bob Tyler Toyota appealed. In light of the totality of the evidence, the Eleventh Circuit could not say that the district court erred in denying Bob Tyler Toyota's motions or abused its discretion in determining the jury's verdict was not against the weight of the evidence. Accordingly, the Court affirmed the district court's decision and jury verdict.
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