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GENERAL MOTORS CORP. v. LANARD TOYS, INC.

No. 05-2085.

468 F.3d 405 (2006)

GENERAL MOTORS CORPORATION and AM General, LLC, Plaintiffs-Appellees, v. LANARD TOYS, INC. and Lanard Toys Limited, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2006.

Attorney(s) appearing for the Case

ARGUED: John A. West, Greenebaum Doll & McDonald, Cincinnati, OH, for Appellants. Mark A. Cantor, Brooks & Kushman, Southfield, MI, David R. Pruitt, Baker & Daniels, South Bend, IN, for Appellees. ON BRIEF: John A. West, Greenebaum Doll & McDonald, Cincinnati, OH, William T. Robinson III, Carrie Anne Shufflebarger, Greenebaum Doll & McDonald, Covington, KY, for Appellants. Mark A. Cantor, Marc Lorelli, Brooks & Kushman, Southfield, MI, David R. Pruitt, Edward A. Sullivan, Gerard T. Gallagher, Baker & Daniels, South Bend, IN, for Appellees.

Before: MARTIN and RYAN, Circuit Judges; MARBLEY, District Judge.

RYAN, J. (p. 422), delivered a separate concurring opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The district court, in a trademark and trade dress infringement suit filed against Lanard Toys by General Motors Corporation, granted summary judgment for General Motors on its claims while denying Lanard's motion for summary judgment based on the affirmative defenses of laches and estoppel. Lanard now appeals those decisions. The dispute is over...

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