Intellectual Property News and Reports

Plaintiff Gibson, Inc. brought trademark-infringement and counterfeiting claims against Defendants Armadillo Distribution Enterprises, Inc. and Concordia Investment Partners, LLC. After a ten-day trial, the jury found in favor of Gibson on several counts of infringement and counterfeiting but also found that the doctrine of laches applied to limit Gibson’s recovery of damages. In deciding Gibson’s omnibus motion in limine, the district court excluded wholesale decades of third-party-use evidence that Armadillo and Concordia submitted in support of theirgenericness defense and counterclaim. Armadillo and Concordia appeal that exclusion order. Because we hold that the district court abused its discretion, we REVERSE and REMAND for a new trial.

Download Gibson Inc. v. Armadillo Distribution Enterprises Inc.