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Re: joecanouse post# 168146

Thursday, 03/19/2015 1:25:48 AM

Thursday, March 19, 2015 1:25:48 AM

Post# of 197647
I believe those claims may now be barred by the applicable statute of limitations, as Alfie has indicated (IIRC) that EXPU/HIPH/APWC has had notice of such claims for over two years now (or very close to that).

So Joe, if the applicable SOL for such claims is 2 years, those claims for the bottles and Pleasant Springs mark are likely barred by the statute of limitations.

You can't just sit back when you knew or should have known about claims and wait to bring claims later - that's why we have statutes of limitations and legal doctrines like laches.

Got claims? Use them or lose them.

And I also see no evidence that EXPU/HIPH/AWPC has any actionable claims to any mark based on "Pleasant Springs". I highly doubt that "IP claim" has any merit whatsoever. But I believe it's time-barred now anyway.