Progressive encroachment vs. a tardy claim
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Description
Abstract: In many areas of law, taking too much time to file a lawsuit could end up preempting a claim. When progressive encroachment is involved, however, preemption may not occur. This article looks at a recent trademark ruling by the U.S. Court of Appeals for the First Circuit, in which the court maintained that the progressive encroachment doctrine barred the defendant’s use of the “laches” defense to claim that the plaintiff had taken too long to sue. Oriental Financial Group, Inc. v. Cooperativa De Ahorro y Crédito Oriental, Nos. 11-1473, 11-1476, Oct. 18, 2012 (1st Cir.)
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