Tireboots by Universal Canvas, Inc. v. Tiresocks, Inc. et al, No. 1:2020cv07404 – (N.D. Ill. 2021)

Defendant allegedly redirected web  traffic to its site beginning in 2011.  Plaintiff learns of redirection in 2016 and takes corrective action (changing its name). Defendant ceeases the redirection in 2020. Plaintiff brings suit several months later.

Defendant moves to dismiss, alleging that the appropriate s/l was three years, while here, plaintiff had waited four years after discovery.

Held: Lanham Act torts are a continuing violation. If a tort involves continuing or repeated injury, the limitations period does not begin to run until the date of the last injury or the date the tortious act ceases. Here, that was in 2020. Motion to dismiss denied.

Text of decision: tireboots v tiresocks nd ill