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· 8/29/1997

Kason Industries, Inc. v. Component Hardware Group, Inc.

Citations

  • 120 F.3d 1199
  • 43 U.S.P.Q. 2d (BNA) 1831
  • 1997 U.S. App. LEXIS 22846
  • 1997 WL 471361

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et seq., provides the most analogous cause of action under state law to plaintiffs’ trademark infringement claims under § 43(a
  • noting that, to prevail on a laches defense, it is necessary to show an inexcusable delay in asserting a claim
  • noting that the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq., “is significantly different from ... the Lanham Act, because of the former statute’s focus on the consumer (as opposed to the commercial) marketplace”
  • measuring delay for statute of 1 Indeed, as some courts have indicated, “a party cannot rely on its pleadings or evidence submitted in another case” on summary judgment. Home Design Servs., Inc. v. Steward, No. 09-cv-140, 2011 WL 796741, at (N.D. Fla. Feb. 28, 2011
  • “delay is to be measured from the time at which the plaintiff knows or should know she has a provable claim”
  • “delay is to be measured from the time at which the plaintiff knows or should know [it] has a provable claim for infringement”

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Hatchett, Lay

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