Rothmans Tobacco Company, Ltd. And Rothmans (New Zealand) Ltd. v. Liggett Group, Inc.

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 on that basis time-barred. The licensee contends that the claims only accrued upon entry of a final judgment establishing the…