Roederer V J Garcia Carrion S A No 08 2907

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. 

Read Roederer v. J. Garcia Carrion, S.A., No. 08-2907

Appellate InformationAppeal from the United States District Court for the District of Minnesota. Submitted: March 10, 2009Filed: June 24, 2009

JudgesBefore: MURPHY, MELLOY, and SHEPHERD, Circuit Judges.Opinion by SHEPHERD, Circuit Judge.

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