New Directions For Laches Defence
Mondaq Business Briefing › United States Law Articles in English (2009)
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New Directions For Laches Defence
World Trademark Review August 2009
The laches defence can prove an effective weapon for striking out a trademark infringement claim in the United States. However, a controversial ruling from the Ninth Circuit may have served to raise the evidentiary burden placed on defendants. One of the equitable defences available to defendants in US trademark infringement suits is laches. If proven, laches can bar some or all of the relief requested by the plaintiff. To establish laches, a defendant must prove that: the plaintiff unreasonably delayed in enforcing its rights; and the delay caused prejudice to the defendant. While most cases involving laches have tended to focus on what constitutes 'unreasonable delay', a recent decision from the Ni...See the full content of this document
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