In Eat Right Foods Ltd v Whole Foods Market Inc (Case 15-35524, Ninth Circuit, January 29 2018) (Tallman J), addressing the affirmative defences of laches and acquiescence in the context of a supplier’s use of another party’s registered mark on food products, the US Court of Appeals for the Ninth Circuit has vacated a district court’s grant of summary judgment and remanded for further proceedings.

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