Gilbert operates primarily out of Dothan for servicing his Alabama territory.Īll the parties agree that the scholastic-recognition-products business is highly competitive and that sales representatives ostensibly working for each manufacturer pitch their products to schools in their territories every year in an effort to "win" schools for their respective manufacturer. Gilbert's father purchased from Herff Jones much of the territory in Alabama when Gilbert was a child, and Gilbert purchased his father's territory in July 2004, paying $400,000 over 10 years to acquire it. ("GradPro"), and he has worked with Herff Jones for over 30 years, both as a sales representative for his father and as the current owner of GradPro. For example, Brent Gilbert's business is GradPro Recognition Products, Inc. These small businesses purchase from a manufacturer of scholastic-recognition products the exclusive right to sell that manufacturer's products within a certain geographic territory. The competing manufacturers sell their products to schools through independent-contractor small businesses that are located in the schools' territories. Decisions about which manufacturer of scholastic-recognition products to choose are typically made each year before the start of the upcoming academic school year. Herff Jones and Jostens compete to 'win' schools." School administrators are thus key decision makers, deciding whether Herff Jones or Jostens will have the opportunity to sell to its students. Each graduating class in most schools might be offered products from either Herff Jones or Jostens, but not both. That is, although students and their parents are typically the end consumers, it is the schools who decide which company's products will be offered for sale to the students. "The scholastic achievement market is unlike most other consumer markets because it is entirely dependent on schools. Herff Jones and Jostens agree that the other major national competitor in this industry is Balfour, which is not a party to this action. As the plaintiffs explain in their appellate brief: Herff Jones and Jostens are nationwide competitors that manufacture scholastic-recognition products - items such as class rings, diplomas, caps, gowns, tassels, and graduation announcements - for high school students. ("Jostens"), John Wiggins, and Chris Urnis (hereinafter referred to collectively as "the defendants") appeal from the Mobile Circuit Court's denial of their renewed motions for a judgment as a matter of law following the entry of a judgment on a jury verdict in favor of Herff Jones, LLC ("Herff Jones"), and Brent Gilbert (hereinafter referred to collectively as "the plaintiffs"). Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter.
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