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Whole Foods Infringed TM, Health Food Co. Tells 9th Circ.

Law360, San Jose (December 4, 2017, 9:18 PM EST) -- A New Zealand health food company urged a Ninth Circuit panel Monday to revive its suit accusing Whole Foods of infringing its “Eatright” trademark, saying it didn’t unreasonably wait before suing, and even if it had, the grocer hadn’t made significant investments in the phrase during the alleged delay.

An attorney for Eat Right Foods Ltd., Mark Walters of Lowe Graham Jones PLLC, told the panel a lower court erred in determining its claims against Whole Foods Market Services Inc. were barred by the so-called “doctrine...
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