United States Fourth Circuit

District court's judgment in favor of defendant in trademark infringement suit related to paper towel products, is vacated and remanded, where the district court erred in vacating the jury verdict and in awarding judgment in defendant's favor, where: 1) defendant waived the preclusion defenses by failing to assert them in a timely manner; and 2) the district court erred in alternatively considering the preclusion defenses sua sponte.

Appellate Information

• Decided 03/14/2013
• Published 03/14/2013

Judges

• KEENAN

Court

• United States Fourth Circuit

Counsel