Summary
noting that the meaning of the advertisement is a fact question that "may be resolved by the terms of the advertisement itself or by evidence of what consumers interpreted the advertisement to convey"
Summary of this case from Georgia ex rel. Carr v. Elite Integrated Med., LLCOpinion
No. 09-10617.
December 15, 2009.
Leslie R. Melman, John F. Daly, Rm. H-582, Washington, DC, for Plaintiff-Counter-Defendant-Appellee.
Edmund J. Novotny, Jr., Baker, Donelson, Bearman Caldwell Berkowitz. P.C., Atlanta, GA, Joseph Paul Schilleci, Jr., Natter Fulmer, P.C., Birmingham, AL, for Defendants-Appellants.
Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 04-03294-CV-CAP-1.
Before DUBINA, Chief Judge, BIRCH and BLACK, Circuit Judges.
After' having thoroughly reviewed the record, the briefs and having heard oral argument in this case, we are of the opinion that the well-reasoned decision and the judgement of the district court should be and is AFFIRMED.