NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2008-1125, -1337 

DIPPIN’ DOTS, INC. and CURT D. JONES, 

Plaintiffs-Appellants, 

v. 

THOMAS R. MOSEY, DOTS OF FUN, 

INTERNATIONAL LASER EXPRESSIONS, INC. (also known as I.L.E., Inc.), 

Defendants-Appellees, 

and 

NICHOLAS ANGUS, 

 Defendant/Counterclaimant-Appellee, 

and 

FROSTY BITES DISTRIBUTION LLC, 

 Defendant-Appellee, 

and 

DISTRIBUTION PARTIES, FROSTY BITES DISTRIBUTOR OF FLORIDA, INC., 

FROSTY BITES DISTRIBUTOR OF GEORGIA, INC., 

FROSTY BITES OF MICHIGAN, INC., J&J CONCESSIONS OF NEW JERSEY, INC., 

FROSTY BITES ICE CREAM COMPANY, LLC, FROSTY BITES SOUTH, INC., 

FROSTY BITES OF NEW YORK, LLC, 

FROSTY BITES ICE CREAM DEVELOPMENT, LLC, and 

INTERNATIONAL ASSOCIATION OF AMUSEMENT PARKS AND ATTRACTIONS, 

 Defendants, 

v. 

BARRY JAY BASS, JAMES PEREZ, and JEANINE MATONE, 

 Counterclaim Defendants, 
 and 

FROSTY BITES, INC. 

(now known as Mini Melts, Inc.), 

 Counterclaim Defendant-Appellee. 

Daniel J. Warren, Sutherland Asbill & Brennan LLP, of Atlanta, Georgia, argued 

for plaintiffs-appellants. Of counsel were Troy R. Covington; and Todd E. Stockwell, 

Stockwell & Smedley, PSC, of Lexington, Kentucky; and D. Scott Hemingway, 

Hemingway & Hansen LLP, of Dallas, Texas. 

Robert G. Oake, Jr. Oake Law Office, of Allen, Texas, argued for defendantsappellees, defendant/counterclaimant-appellee and counterclaim defendant-appellee. 

With him on the brief was Rudolf O. Siegesmund, Siegesmund & Associates, of Plano, 

Texas. 

Keith E. Broyles, Alston & Bird LLP, of Atlanta, Georgia, argued for the 

defendant-appellee Frosty Bites Distribution LLC. With him on the brief was William R. 

Hubbard. 

 Appealed from: United States District Court for the Northern District of Texas 

Judge Thomas W. Thrash, Jr. 
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

2008-1125, -1337 

DIPPIN’ DOTS, INC. and CURT D. JONES, 

 

Plaintiffs-Appellants, 

v. 

THOMAS R. MOSEY, DOTS OF FUN, 

INTERNATIONAL LASER EXPRESSIONS, INC. (also known as I.L.E., Inc.), 

 Defendants-Appellees, 

and 

NICHOLAS ANGUS, 

 Defendant/Counterclaimant-Appellee, 

and 

FROSTY BITES DISTRIBUTION LLC, 

Defendant-Appellee, 

and 

DISTRIBUTION PARTIES, FROSTY BITES DISTRIBUTOR OF FLORIDA, INC., 

FROSTY BITES DISTRIBUTOR OF GEORGIA, INC., 

FROSTY BITES OF MICHIGAN, INC., J&J CONCESSIONS OF NEW JERSEY, INC., 

FROSTY BITES ICE CREAM COMPANY, LLC, FROSTY BITES SOUTH, INC., 

FROSTY BITES OF NEW YORK, LLC, 

FROSTY BITES ICE CREAM DEVELOPMENT, LLC, and 

INTERNATIONAL ASSOCIATION OF AMUSEMENT PARKS AND ATTRACTIONS, 

Defendants, 

v. 

BARRY JAY BASS, JAMES PEREZ, and JEANINE MATONE, 

Counterclaim Defendants, 

and 
FROSTY BITES, INC. 

(now known as Mini Melts, Inc.), 

Counterclaim Defendant-Appellee. 

Judgment 

ON APPEAL from the UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF TEXAS 

 

In CASE NO(S). 3:96-CV-01959 and 3:01-CV-01532. 

This CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

Per Curiam: (MAYER, LOURIE and GAJARSA, Circuit Judges): 

AFFIRMED. See Fed. Cir. R. 36. 

 ENTERED BY ORDER OF THE COURT 

DATED: November 6, 2008 _/s/ Jan Horbaly _ 

 Jan Horbaly, Clerk