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Walter Mercado-Salinas; Astromundo, Inc v. Bart Enterprises International, Ltd; Walter International Productions

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Before Lynch, Chief Judge, Torruella and Stahl, Circuit Judges.

In 1995, Walter Mercado-Salinas, a popular psychic and astrologer, and Bart Enterprises entered into a contract (the “Agreement”) for the production and distribution of materials featuring Mercado’s psychic and astrological services. Under the Agreement, Mercado granted Bart the right to use the “Walter Mercado” trademark, as well as Mercado’s name and likeness.

In 2006, however, a dispute arose when Mercado ceased providing services and Bart ceased to pay Mercado’s monthly compensation. This led to litigation in federal court in Florida in which a jury, inter alia, rejected Mercado’s claim that he had validly terminated the Agreement, found that he had violated the Agreement, and found that Bart owed Mercado no compensation.

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