Laches Law
 
Chattanoga Manufacturing, Inc. v. Nike, Inc.

Chattanoga Manufacturing, Inc. sued Nike Inc. and Michael Jordan, alleging trademark infringement and unfair competition in violation of the Lanham Act, 15 U.S.C. §§ 1114(1) & 1125(a). Nike filed counterclaims, alleging that Chattanoga’s trademark was improperly registered by the United States Patent and Trademark Office (“PTO”) and should be cancelled. The district court f

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Angela Loavenbruck v. Lewis B. Rohrbach

[1] The defendant, Lewis Rohrbach, appeals from a judgment of the Superior Court (Knox County, Marsano J.) holding that the plaintiffs, Angela and Grant Loavenbruck, acquired title to a parcel of land by satisfying the requirements for adverse possession. The parcel in dispute was owned by the Town of Rockport from 1951 to 1990, and we agree with Rohrbach's contention that those years canno

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Verbon Smith and Hazel Smith v. The Baptist Foundation of Oklahoma, et al.

1 The issues presented are: 1) whether all the plaintiffs/petitioners', Verbon and Hazel Smith (collectively, Smiths), claims predating January 1, 1995, against the defendants/respondents, Baptist Foundation of Oklahoma (Foundation/trustee) and Baptist General Convention of the State of Oklahoma (Convention), are time barred; and 2) if timely filed, whether lost insurance premiums may be recovered

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Wasikowski v. Nebraska Quality Jobs Board

The Nebraska Quality Jobs Board (the Board); Board members E. Benjamin Nelson, David Heineman, and Dennis Jorgensen; the Nebraska Department of Revenue and the State Tax Commissioner, M. Berri Balka (collectively the State defendants); and Nebraska Beef, Inc., and Nebraska Beef, Ltd., appeal from the district court’s order (1) voiding the Board’s approval of Nebraska Beef, Ltd.’s

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Keller Cattle Co. v. Stephen R. Allison, a/k/a S.R. Allison

In this action concerning a nonparticipating royalty interest in oil and gas, plaintiff, Keller Cattle Co., appeals the summary judgment entered in favor of defendant, Stephen R. Allison. We affirm in part, reverse in part, and remand the case for further proceedings.

On May 3, 1972, Allison and his wife (since deceased), as sellers, and Keller's predecessors, as buyers, entered into a speci

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Plains Petroleum Co. v. First National Bank of Lamar

This complex litigation raises the question of when plaintiffs'/gas producers'/lessees' causes of actions for unjust enrichment, restitution, money judgment, and setoff arose in order to determine whether a valid defense of the statute of limitations bars their attempts to recover ad valorem taxes, plus interest, which were paid from 1983 to 1988 by the producers on behalf of their royalty owners.

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Suffield Development Associates Limited Partnership v. National Loan Investors, L.P., et al.

The plaintiff, Suffield Development Associates Limited Partnership, appeals from the judgment of the Appellate Court affirming the trial court's judgment in favor of the defendants, National Loan Investors, L.P. (National), the law firm of Berman and Sable, and attorney James W. Oliver.1 Suffield Development Associates Ltd. Partnership v. National Loan Investors, L.P., 64 Conn. App. 192, 19

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William Monaco v. Turbomotive, Inc., et al.

The plaintiff, William Monaco, appeals from the judgment of the trial court in favor of the defendants, Turbomotive, Inc., and H.R. Solutions, Inc. (HRS), rendered after a hearing in damages following the entry of a default against the defendants for failure to comply with the court's order regarding discovery. On appeal, the plaintiff claims that the court improperly concluded that his cla

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Times Mirror Magazine, Inc. v. Field & Stream Licenses Company & Jerome V. Lavin

Times Mirror Magazines, Inc. ("TM") owns and publishes Field & Stream Magazine. TM, 1 and its predecessor in interest, the Columbia Broadcasting System ("CBS"), entered into a series of agreements with defendants to govern the use of the name Field & Stream as a trademark. At the core of this appeal lies TM's contention that the agreements left TM with a residual common law right to use the mark i

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Dakota Industries, Inc. v. Dayton Hudson Corporation

In 1972, Dakota Industries, Inc., a manufacturer of snowmobile suits, ski pants, and other outer wear, received a federally registered trademark for the mark “Dakota.” Dakota Industries entered into a licensing agreement allowing M. Fine & Sons to use the “Dakota” trademark on men’s and boys’ jeans. Under the agreement, M. Fine manufactured and sold jeans wi

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Jarrow Formulsa, Inc. v. Nutrition Now, Inc.

Nutrition Now, Inc. (“Nutrition Now”) distributes PB8, a popular probiotic nutritional supplement designed to aid digestion. Since initial distribution in 1985, Nutrition Now has made three central claims. First, PB8 contains fourteen billion “good” bacteria per capsule. Second, PB8 contains eight different types of bacteria. Third, PB8 does not require refrigeration.

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Offiss, Inc. v. First Union Nat'l Bank.

Plaintiff Offiss, Inc. (Offiss) initiated this action on 1 October 1999 against defendant First Union National Bank (First Union) asserting claims for conversion, breach of fiduciary duty, negligence, breach of contract, and unfair and deceptive tradepractices. (See footnote 1) First Union answered denying liability and asserting affirmative defenses of waiver, estoppel, and laches. First Union a

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Gene S. Jacobsen v. Deseret Book Company

Dr. Gene S. Jacobsen was a prisoner of war in the Philippines and Japan during World War II. After returning from military service, Dr. Jacobsen wrote his personal memoir entitled Who Refused to Die. In gripping detail, Who Refused to Die recounts Dr. Jacobsen's survival of the Bataan Death March and subsequent years of imprisonment and torture in various work camps.

In 1997, Deseret Book Compa

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Clinton Police Bargaining Unit, Edward Staszewski, and Thomas A. Hansen vs. City of Clinton, Iowa

The appellants are former Clinton police officers who retired on disability in 1997. At the time of the retirement they demanded that the city pay the cost of single coverage health insurance for both of them. The city paid the coverage while the matter was under review, but in February 1998, the city informed both officers it would no longer pay their health insurance premiums after March 1998,

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Joseph Kelley v. Joseph Tomas

The present appeal involves a boundary dispute between two adjacent landowners. The plaintiff, Joseph Kelley, appeals from the judgment, rendered after a trial to the court, in this action to quiet title to certain real property at 230-232 Main Street, Norwalk. The court found that the defendants, Joseph Tomas and Mary J. Tomas, have an easement over that property.

On appeal, the plainti

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Nathan Miller, et al. v. City of Indianapolis, et al.

A group of firefighters contend that the City of Indianapolis violated the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. sec. 4301 (USERRA), in the manner in which it calculated the paid leave to which they are entitled when they perform their yearly service in the military Reserves or National Guard. The district court concluded that the firefighters failed to estab

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Paul Kohler v. Kline and Kline, Inc.

1 Plaintiff, Paul Kohler, appeals the trial court's denial of his motion to set aside a summary judgment granted in favor of Defendant, Kline & Kline, Inc. The issue on appeal is whether the trial court abused its discretion in refusing to set aside the summary judgment. Upon review of the record and applicable law, we find that the trial court did not abuse its discretion and affirm. BACKGROUN

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Chrysler International Corporation v. John Chemaly, et al.

In the past, Appellant Chrysler International Corporation brought suit, in federal district court in Michigan, against Appellees John Chemaly, Michael del Marmol, and Cherokee Export Company ("CEC") over a dispute arising out of an automobile distribution contract. Chrysler, in the earlier case, obtained a judgment against CEC. The case now before us is a separate, follow-on suit. In this case, Ch

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Mary J. Kling v. Hallmark Cards, Inc.

Rainbow Brite is a young girl who, with the help of the Color Kids, her magical horse Starlite, and the small furry sprites who mine for sprinkles in the Color Caves, strives to keep color alive in Rainbow Land. Robotman, Stellar, Oops, and Lint are robots from Robot Land who, for some reason, enjoy helping human teenagers play music. Here in Legal Land, a rather joyless dispute has arisen r

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Tamara Budnick v. Frederick Silverman

The Petitioner and the Respondent entered into a Preconception Agreement in 1987. The Petitioner’s stated purpose for the agreement was that she wanted the Respondent to be the biological father of her child, whom she wanted to conceive by the “usual and customary manner.” She did not want to become pregnant through artificial insemination or adopt a child.


The agreement stated that i

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Thomas R. Hutchinson v. Lewis N. Carter, et al.

1 The trial court dismissed, with prejudice, Thomas R. Hutchinson's petition for fraud and misrepresentation against individual lawyers and law firms representing Defendants/Appellees Richard Brady Pfeil and Mary Joan Pfeil in a federal lawsuit, and for negligent supervision of the lawyers by the law firm in the federal lawsuit. We agree that the petition does not state a claim upon which relief c

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Bridgestone/Firestone Research, Inc. ("Bridgestone") is the owner of Trademark Registration No. 756,436 for the mark LEMANS for "pneumatic rubber tires" on the principal register, issued on September 10, 1963. The United States Patent and Trademark Office Trademark Trial and Appeal Board granted the petition of Automobile Club de l'Ouest de la France ("Automobile Club") to cancel the registration

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Albert L. Ransom v. Phyllis Bebernitz, et al.

This appeal arises from a dispute among great great grandchildren over their respective rights to a certain tract of land conveyed by an 1882 probate decree according to the terms of their great great grandfather's will. Defendants, members of the Anderson family, appeal the Rutland Superior Court's judgment that plaintiff has a 9/31 interest in the subject land, and the court'

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Gary G. Garner v. Yellow Freight Systems, Inc.

Gary G. Garner, appearing pro se, appeals the district court's grant of summary judgment to defendant, Yellow Freight System, Inc., his former employer, on his complaint alleging defendant terminated him because of his service in the National Guard in violation of the Uniformed Services Employment and Re-employment Rights Act, 38 U.S.C. §§ 4301-33 (the "Act").

Garner, a member of the United S

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D. Brown-Mitchell v. KC Power & Light Co.

Deborah Brown-Mitchell (plaintiff), an African-American female formerly employed as a marketing representative for Kansas City Power & Light Co. (KCPL), appeals from a final order entered in the United States District Court 1 for the Western District of Missouri granting summary judgment in favor of KCPL on her claims of racial discrimination and retaliatory discharge under Title VII of the Ci

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