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Case: Trademarks/Laches (D. Ariz.)

Feb. 14, 2020, 5:31 PM

A federal district court in Arizona rejected International Fruit Genetics LLC’s motion to dismiss Aguila Management LLC’s trademark infringement action. IFG, which sells fruit branded “Cotton Candy,” must face allegations that it infringed fruit and vegetable seller Aguila’s “Candy” trademark, even though Aguila waited nearly seven years to bring suit. IFG registered the “Cotton Candy” mark in 2012 and argued that laches barred Aguila’s 2019 suit. The court held that while the delay was unreasonable, IFG didn’t claim evidentiary prejudice and hasn’t proven expectations-based prejudice. The case is Aguila Mgmt. LLC v. Int’l Fruit Genetics LLC, 2020 BL 53020, D. Ariz., CV-19-00173-PHX-DJH, 2/13/20

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