Tommy Bahama Group, Inc. v. Richard Sexton

Good Law
476 F. App'x 122
United States Court of Appeals for the Ninth CircuitApril 23, 201210-15005California332 words

Opinion

Opinion

MEMORANDUM

Richard Sexton appeals from the district court’s grant of summary judgment in favor of Tommy Bahama. The facts are known to the parties and will not be recounted here.

Before the district court, Sexton did not introduce sufficient evidence to counter Laura Case’s declaration that the shirts he sold in 2004 were counterfeit. Nor did he specifically call into question Case’s credibility. Thus, viewing the evidence in the light most favorable to Sexton, the non-moving party, there was no genuine issue of material fact as to whether the shirts he sold in 2004 were authentic. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). Accordingly, the district court did not err in granting summary judgment to Tommy Bahama on its infringement claims.

It was Sexton’s burden to “overcome th[e] strong presumption” against the application of laches. Reno Air Racing Ass’n v. McCord, 452 F.3d 1126, 1138-39 (9th Cir.2006). The district court did not abuse its discretion or commit clear error in concluding he did not meet that burden. Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829, 833-34 (9th Cir.2002).

Because the record supports…

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