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Evidence Keyed to Sklansky
PRL USA Holdings, Inc. v. United States Polo Associations, Inc.
Citation:
520 F.3d 109 (2d Cir. 2008)Facts
For many years, the plaintiff used a mark on Ralph Lauren clothing a famous logo showing a silhouette a mounted polo player with polo mallet raised. The plaintiff sued the defendant alleging that four logos used by the defendants on a clothing line infringed the Ralph Lauren polo player logo. At trial, the defendant attempted to introduce evidence that the plaintiff had affirmatively consented to the use of the mark. The statement was made during settlement discussions. The plaintiff objected, arguing that this evidence consisted of statements made in compromise negotiations offered to prove invalidity of its claims, in violation of Rule 408. The district court overruled the objection and admitted the evidence. The jury ruled in favor of the defendant on three out of the four logos. The plaintiff appealed.
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