JACK L. ARONOWITZ, HEALTH-CHEM DIAGNOSTICS, LLC, a Florida Corporation, LEON SERVICES, LLC, a Florida Corporation, Plaintiffs-Counter Defendants-Appellants, versus HEALTH-CHEM CORPORATION, a Delaware Corporation, Defendant-Counter Claimant-Appellee., 513 F.3d 1229

This appeal arose out of a business dispute between defendant company and plaintiff inventor. In 2002, the parties signed three agreements, a 2002 contract, by which they agreed to enter into a joint venture for the marketing and development of one of the inventor's inventions. After a series of disputes over money owed under the 2002 contract, the parties met and negotiated a new arrangement in 2003. The instant court concluded that the only reasonable conclusion based on language of the 2003 contract was that the parties intended to extinguish the 2002 contract. The 2003 contract stated, inter alia, that the assignment for which it provided terminates all obligations and stipulations of the prior 2002 contract as of the date of the contract's execution. As to trademark infringement, the two most important factors in determining the likelihood of confusion--type of mark and actual confusion--weighed in favor of finding confusion, so there was sufficient evidence to support a ...