TechnoMarine SA v. Giftports, Inc.

DEBRA ANN LIVINGSTON, Circuit Judge:

We consider whether a prior litigation between the parties resolving claims of trademark infringement and other unfair business practices, and stemming from earlier conduct, bars the present suit of Plaintiff-Appellant TechnoMarine SA (“TechnoMarine” or “Plaintiff’) over similar conduct that occurred after the settlement of the earlier suit. The district court (Batts, J.) granted a motion to dismiss by Defendant-Appellant Giftports, Inc. (“Giftports” or “Defendant”), holding that TechnoMarine’s claims are barred by res judicata and, in the alternative, that…