United States Eighth Circuit

In a trademark infringement action, district court's dismissal on summary judgment of plaintiff's action on grounds the suit is barred by the equitable doctrine of laches is reversed and remanded where: 1) the court abused its discretion in concluding the doctrine of progressive encroachment applied as plaintiff did not yet have an actionable claim in 1995; 2) defendant was or should have been on notice that plaintiff objected to the use of the mark; and 3) defendant did not show undue prejudicial reliance.

Appellate Information

• Decided 06/24/2009
• Published 06/24/2009

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Allen W. Hinderaker, argued, John A. Clifford, and Heather J. Kliebenstein, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• James J. Foster, argued, Boston, MA, Alan L. Kildow, Sonya R. Braunschweig, Minneapolis, MN, Barry Strike, San Francisco, CA, on the brief, for appellee.