Mercado Latino, Inc., Plaintiff/counter-Defendant-Appellee v. Albert Soler Marktrade Company, Inc., Defendants/counter-Claimants-Appellants

951 F.2d 361 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MERCADO LATINO, INC., Plaintiff/Counter-Defendant-Appellee, v. Albert SOLER; Marktrade Company, Inc., Defendants/Counter-Claimants-Appellants. Nos. 90-56178, 90-56160. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 8, 1991. Decided Dec. 12, 1991. As Amended on Denial of Rehearing Jan. 22, 1992. Before SNEED, BEEZER and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Mercado Latino, Inc. ("Mercado") sued Albert Soler and Marktrade, Inc. (collectively, "Marktrade") for infringement of its trademark "Sol-Mex," which is used to identify Mercado's canned fish, seafood, and whole pickled chili peppers. A special verdict in district court found the trademark was infringed only with respect to Mercado's sardine products. The court, sitting without a jury, granted a permanent injunction barring Marktrade's sale of sardines. It also ruled that due to laches and false advertising on the part of Mercado,…