United States Fourth Circuit

In a trademark infringement action against a radio broadcasting company, the district court's grant of the defendant's motion for summary judgment as to its affirmative defense of laches is reversed, where: 1) the district court failed to apply the proper legal standard as to the plaintiff's knowledge of an infringing use; 2) the evidence on prejudice arising from delay was insufficient to establish the defendant's entitlement to the affirmative defense as a matter of law; and 3) the district court erred in failing to consider whether laches barred the plaintiff's claim for prospective injunctive relief.

Appellate Information

• Decided 03/08/2012
• Published 03/08/2012

Judges

• Davis

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Michael Steven Culver, Bart Wescott Huffman