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Slep-Tone Entm't Corp. v. Karaoke Kandy Store, Inc.

United States Court of Appeals, Sixth Circuit

April 6, 2015

SLEP-TONE ENTERTAINMENT CORPORATION, Plaintiff-Appellant,
v.
KARAOKE KANDY STORE, INC.; CHARLES M. POLIDORI, Defendants-Appellees

Argued January 23, 2015

Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:10-cv-00990--Donald C. Nugent, District Judge.

ARGUED:

James M. Harrington, HARRINGTON LAW, P.C., Pineville, North Carolina, for Appellant.

John J. Okuley, OKULEY SMITH LLC, Columbus, Ohio, for Appellees.

ON BRIEF:

James M. Harrington, HARRINGTON LAW, P.C., Pineville, North Carolina, for Appellant.

John J. Okuley, OKULEY SMITH LLC, Columbus, Ohio, for Appellees.

Before: MERRITT, MOORE, and DONALD, Circuit Judges.

OPINION

Page 713

KAREN NELSON MOORE, J.

Plaintiff Slep-Tone Entertainment Corp. brought this action for trademark infringement, unfair competition, and deceptive practices against Defendants Karaoke Kandy Store, Inc., and Charles M. Polidori alleging that the Defendants unlawfully sold computer hard drives containing karaoke tracks bearing Slep-Tone's trademarks without authorization. The parties tried the case to a jury, which answered a single interrogatory and found that Defendants

Page 714

had not infringed Slep-Tone's trademarks. Based on the jury's answer to the interrogatory, the district court entered judgment for Defendants. Slep-Tone then filed a timely request for findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52, but before the district court could resolve the motion, Slep-Tone filed a notice of appeal of the district court's judgment. Slep-Tone's motion remains pending before the district court. Because we do not have jurisdiction over this appeal while the post-judgment motion remains ...


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