United States Ninth Circuit

In a trademark dispute between the Tillamook cheese maker and a purveyor of smoked meats and jerky, summary judgment for the meat purveyor is affirmed where the district court correctly ruled that the cheese maker's claims were barred by laches considering that the cheese maker had actual knowledge of the smoker's activities for 25 years, but never said a word, and even sold its products in the cheese maker's own gift shop and in its mail-order catalog.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• SILVERMAN, Circuit Judge:, Before: HAWKINS, SILVERMAN, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• J. Peter Staples, Chernoff, Vilhauer, McClung & Stenzel, Portland, OR, for the plaintiff-appellee., James N. Westwood, Stoel Rives, Portland, OR, for the defendant-appellant.