New Headache for Trademark Litigants? Fourth Circuit’s Bayer Decision Rejects Application of State Statute of Limitations to Laches Defense
By EsqSocial Corporation 25/02/21
The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham Act. The district court held that the plaintiff’s Lanham Act claim was time-barred under the “most analogous” state law, which the district court found to be a four-year or three-year statute of limitations under California’s fraud, unfair competition, and trademark...
By: Arent Fox