KARS 4 KIDS INC. v. AMERICA CAN!;AMERICA CAN! CARS FOR KIDS v. KARS 4 KIDS INC.;KARS 4 KIDS INC., Appellant 20-2813;KARS 4 KIDS INC. v. AMERICA CAN!;AMERICA CAN! CARS FOR KIDS v. KARS 4 KIDS INC.;AMERICA CAN!; AMERICAN CAN! CARS FOR KIDS, Appellants 20-2900, 8 F.4th 209

Summary

HOLDINGS: [1]-In a trademark dispute, appellee was first to use its mark in Texas based on the evidence showing it continuously used its mark before 2003; the jury reasonably found that it owned the mark in Texas; [2]-Appellant waived any challenge to the validity of appellee's marks by failing to present it in its Fed. R. Civ. P. 50(a) motion; [3]-With respect to enhanced monetary relief under the Lanham Act and prejudgment interest, denial of both forms of relief was proper, as appellee presented no arguments why an enhanced award, let alone an award equal to three times appellant's profits, was needed to fully compensate it, and 15 U.S.C.S. § 1117(a) did not provide for prejudgment interest; [4]-With respect to laches and disgorgement under § 1117(a), remand was required to reexamine these issues under the governing law, including all the Banjo Buddies factors.