· 6/3/1998
Harley-Davidson, Inc. v. Estate of O'Connell
Citations
- 13 F. Supp. 2d 271
- 1998 U.S. Dist. LEXIS 8256
- 1998 WL 344271
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that prior negotiations that ended eight years before plaintiffs filed lawsuit did not excuse delay
- noting that “evidence of actual confusion is critical” in showing inevitable confusion
- rejecting investigation excuse “particularly as the ‘extent and nature’ of [defendant’s] allegedly offending use was already known”
- laches defense is supported by a delay of more than 13 years, but not by a delay of less than two years
- negotiations over contract validity did not affect plaintiffs ability to bring trademark suit
- “[L]aches may not be used to shield a party from the consequences of conduct it knows to be wrongful. . . . Thus, defendants must also establish that they acted in ‘good faith.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kahn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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