Holloway v. United States

Parentheticals

• noting that trademark owners must be “afforded some latitude to assess both the impact of another’s use of an allegedly infringing trademark as well as the wisdom of pursuing litigation on the issue”

  Country Floors, Inc. v. A Partnership Composed of Charley Gepner and Gary Ford, D/B/A Country Tiles

• if action is brought before end of analogous limitations period, delay is presumptively reasonable and “[o]nly rarely should laches bar a case before the analogous statute has run.”

  Telink, Inc. Burnup & Sims, Inc. v. United States of America, County of Fresno, County of San Diego, Intervenors-Appellees

• detention of a defendant after the reason for a valid stop expires is analogous to an initial Terry stop and therefore must be based on reasonable suspicion

  State v. Estrada

• “Despite this pervasive equity background, the damages or accounting aspect of trademark infringement actions are considered legal actions for purposes of the jury trial clause of the Seventh Amendment.”

  American Cyanamid Co. v. Sterling Drug, Inc.

• detention of the defendants’ vehicle after the officer received negative information as to whether the defendants were wanted or whether defendants were driving a stolen car was proper when based on reasonable suspicion

  State v. Affsprung

• laches defense rejected because action brought within limitations period

  Imagineering, Inc. v. Van Klassens, Inc.