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ROTHMANS TOBACCO CO., LTD. v. LIGGETT GROUP, INC.

No. 84-2242.

770 F.2d 1246 (1985)

ROTHMANS TOBACCO COMPANY, LTD. and Rothmans (New Zealand) Ltd., Appellants, v. LIGGETT GROUP, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1985.

Attorney(s) appearing for the Case

Anthony H. Brett, Winston-Salem, N.C. (Roddey M. Ligon, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for appellants.

Joel M. Craig, Timothy C. Barber, Newsom, Graham, Hedrick, Bryson & Kennen, Durham, N.C., on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges, and TURK, United States District Judge for the Western District of Virginia, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

The critical issue is the time at which the statute of limitations begins to run in respect of claims by a trademark licensee against its licensor based upon the ultimately successful assertion by a third party of a superior registration. The district court held that the claims accrued when the third party obtained an interim injunction against the licensor and the licensee prohibiting use of the mark, and that the claims were...

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