Plaintiff supplier filed an action in the United States District Court for the Northern District of Georgia, Atlanta Division. The district
court granted partial summary judgment in favor of defendant distributor on claims of trademark infringement and unfair
competition and also granted summary judgment in favor of the distributor on claims of breach of a confidential relationship,
breach of fiduciary duty, fraudulent concealment, fraud, and negligent misrepresentation. Further, the district court granted a jury
trial on the remaining trademark infringement and unfair competition claims, which resulted in a mistrial and the award of a
judgment as a matter of law in favor of the distributor regarding those claims. The supplier appealed.