Case: Trademarks/Statute of Limitations (M.D. La.)

Synergy Management LLC’s trademark infringement claims against WDM Inc., stemming from allegedly infringing play table designs, are barred by the applicable one-year statute of limitations, a federal district court in Louisiana ruled, rejecting Synergy’s attempt to rescue the claims under a continuing tort theory. Synergy’s allegation that, "[u]pon information and belief, Defendants are currently advertising, selling, and distributing infringing goods within the Middle District of Louisiana” is insufficient to plead a continuing tort, the court said, because these activities are ones Synergy could investigate and confirm with ease, and because pleading standards also require more than conclusory statements.