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Tabberone is pronounced tab ber won
not tay ber own

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


John Paul Mitchell v Randalls Food Markets, 17 S.W.3d 721 (TX 2000)

This suit was one of many that John Paul Mitchell Systems brought attempting to stop diversion of Paul Mitchell hair products to unauthorized retail outlets. John Paul Mitchell sued Randalls Food Markets, Inc. for selling John Paul Mitchell products, which are intended to be sold only through its exclusive distribution system. John Paul Mitchell sought injunctive relief and damages, alleging breach of contract, tortious interference with contract, conspiracy, unfair competition, trademark infringement, and conversion. A jury awarded John Paul Mitchell $6,250,000 in actual damages and $9,000,000 in punitive damages.

However, the trial court granted the defendants' motion for judgment notwithstanding the verdict and rendered a take-nothing judgment that denied all relief. John Paul Mitchell appealled the trial court's judgment non obstante veredicto, claiming there was ample evidence to support the jury's findings.

The Court of Appeals of Texas, Austin, point by point, discounted every argument, affirming the trial court's judgment notwithstanding the verdict. Another loss by a cosmetics manufacturer trying to stifle the secondary market.

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