C & N Corporation v. Kane

Ct. of Appeals affirmed Dist. Ct.’s order granting plaintiff’s motion for partial summary judgment in instant trademark infringement action, where plaintiff alleged that defendant had sold wine called “Hallowine” in 2005, even though plaintiff had sold its own wine called “Hallowine” since 1998. While defendant raised three issues on appeal, Ct. of Appeals found that each issue had been waived due to defendant’s failure to raise them in Dist. Ct.