United Phosphorus, Ltd. v. Midland Fumigant, Inc.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BRORBY, Circuit Judge.
United Phosphorus (United) brought this action against Midland Fumigant (Midland), and its president, Donald Fox, claiming violation of the Lanham Act, fraudulent trademark registration, trademark infringement, unfair competition, violation of the Racketeer Influenced and Corrupt Organization Act (RICO), and common law fraud, all in conjunction with Midland’s use of the “Quiek-Phos” trademark for the fumigant aluminum phos-phide. Following trial, a jury found in favor of United on every claim save the RICO claim and awarded United a total of $2,075,929 in damages. The…
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