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‘Candy’ Fruit Trademark Suit Survives Despite Late Complaint (1)

Feb. 14, 2020, 4:45 PMUpdated: Feb. 14, 2020, 7:06 PM

A fruit breeder using brands such as “Cotton Candy” must face allegations that it infringes a fruit seller’s “Candy” trademarks even though the seller waited years to sue, an Arizona federal court ruled.

International Fruit Genetics LLC failed to establish that Aguila Management LLC’s nearly seven-year delay harmed its defense, liability, or business, the court said Thursday in rejecting IFG’s motion to dismiss the complaint.

IFG, which registered the “Cotton Candy” mark in 2012, argued that laches, which serves as a statute of limitations for trademark infringement, barred Aguila’s belated 2019 suit. Laches serves as a defense against unreasonable delays...

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