Litigation

Cristal Loses Trademark Infringement Case Because of Laches

By H. William Allen et al.

The District Court of Minnesota granted summary judgment based on laces in Roederer v. J. Garcia Carrion, S.A., 2008 WL 2901609 (D. Minn. 7/23/08).

Roederer, which produces the famous Cristal champagne, filed suit for trademark infringement and dilution based on the defendants' selling Cristalino wine. Cristalino had been sold in the U.S. since 1993. The document records of an unrelated USPTO proceeding showed that Roederer's attorneys obtained an affidavit in 1995 that alerted them to the sale of Cristalino. 

Roederer did not file this suit until 2002, providing no rational basis for the delay. The court found the delay was inexcusable and would the defendants would incur prejudice if the suit proceeded. The court granted summary judgment to the defendants.

Full post as published by Arkansas Business Litigation Blog on August 26, 2008 (boomark / email).