Eat Right Foods Ltd. v. Whole Foods Mkt. Servs., Inc.

OPINION

TALLMAN, Circuit Judge:

Eat Right Foods Ltd. (ERF) appeals the district court’s summary judgment dismissal of its claims against Whole Foods Market Services, Inc., and Whole Foods Market Pacific Northwest, Inc. (Whole Foods). ERF, which sold “EatRight”-branded cookies to Whole Foods for many years, argues that its former customer infringed on its trademark by selling a variety of foods under the “EatRight America” mark from 2010-2013. Whole Foods argues, and the district

court held, that ERF’s suit is barred by the affirmative defenses of laches and acquiescence. Because disputed…