American Automobile Ass'n v. AAA Legal Clinic of Jefferson Crooke, P.C.

ALVIN B. RUBIN, Circuit Judge:

A plaintiff alleging service-mark infringement appeals the district court’s decision upon completion of trial to ignore one admission of the opposing party and deem another withdrawn, absent any motion to do so. Because we find that the plaintiff relied on the admissions, and the court’s decision therefore prejudiced the plaintiff in contravention of Federal Rule of Civil Procedure 36(b), we reverse and remand.

I

The American Automobile Association (AAA), a nationwide organization, provides a variety of services to motor vehicle owners and travelers, ranging from…