Case: Trademarks/Evidence (5th Cir.)

The Fifth Circuit reversed and remanded the decision of a federal district court in Texas after a jury found in favor of Gibson Inc. on several counts of trademark infringement and counterfeiting in this action against Armadillo Distribution Enterprises and Concordia Investment Partners LLC, and found that the doctrine of laches applied to limit Gibson’s recovery of damages. The appeals court said that the district court abused its discretion by excluding wholesale decades of third-party-use evidence that Armadillo and Concordia submitted in support of their genericness defense and counterclaim.