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The Corps Group v. Afterburner Inc.

The trial court erred in denying the defendants' motions for a directed verdict and for judgment notwithstanding the verdict as to the plaintiff's trademark and trade dress infringement claims under the Lanham Act, because the evidence was insufficient to support a finding that the defendants infringed on the plaintiff's trademarks or trade dress.

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Appellants John Borneman, Kyle Howlin, John Underhill, and Carey Lohrenz1 are former fighter pilots who, after working for the appellee, Afterburner, Inc., a military aviation-themed business consulting firm, formed their own competing military aviation-themed business consulting firm, appellant The Corps Group, and began advising companies on how to apply military battle methodology to business planning and development. Afterburner sued The Corps Group and the individual appellants, alleging, inter alia,2 that they had infringed on Afterburner’s trademarks and trade dress in violation of the Lanham Act.3 A Forsyth County jury returned a verdict finding that each of the appellants had intentionally infringed on Afterburner’s trade dress and four of its trademarks and awarded Afterburner money damages. Thereafter, the trial court entered a final judgment permanently enjoining the appellants from using Afterburner’s trade dress and trademarks. In response to Lohrenz’s motion for judgment notwithstanding the verdict and extraordinary motion for a new trial, the trial court granted a new trial only as to the apportionment of monetary damages among The Corps Group and the individuals. The appellants contend, inter alia, that the trial court erred in denying their motions for a directed verdict and for judgment notwithstanding the verdict as to Afterburner’s Lanham Act claims because the evidence was insufficient to support a finding that they had infringed on Afterburner’s trademarks or trade dress.4 For the following reasons, we agree and reverse.

“The standard for granting a directed verdict and a judgment notwithstanding the verdict are the same.” Citation and punctuation omitted. South Fulton Medical Center v. Poe, 224 Ga. App. 107, 108 1 480 SE2d 40 1996.

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