Laches

News & Analysis as of

Federal Government Wins Trademark Battle to Shut Down “Voice of America” Website with “Undeniable Governmental Aesthetic”

Since its first broadcast on February 1, 1942, the Voice of America radio service (VOA) has aired countless hours of programming in dozens of languages to what is currently an estimated global audience of over 100 million...more

Laches as a Limit on the Duty of a Trustee to Account

Doris Corya was a trustee (or co-trustee) of four trusts that failed to provide fiduciary accountings to a beneficiary otherwise entitled to receive accountings under Florida law. The failure to account went back many years –...more

Diaper Maker’s Patent Claims Soiled by Delay

SCA Hygiene Prods. AB v. First Quality Baby Prods., LLC - This case relates to adult incontinence products. The district court, based on a delay of more than six-years in filing the lawsuit, held that the patent...more

Delaware Chancery Rejects Books and Records Demand as Time-Barred

The Delaware Court of Chancery recently found that a shareholder’s demand for books and records was time-barred, as the alleged basis for a derivative action occurred nearly seven years ago and thus was well beyond any...more

Supreme Court’s Footnote About Auckerman in Petrella v. Metro-Goldwyn-Mayer, Inc. Does Not Create New Law: Cordis’s Laches Defense...

Medinol Ltd., v. Cordis Corporation and Johnson & Johnson Case Number: 1:13-cv-0148-SAS In March, Judge Scheindlin found that laches formed a complete defense for Cordis in this matter. Medinol did not appeal...more

Laches Defense Denied Where Texas Instruments Failed to Produce Products that Demonstrated Notice During Discovery and Texas...

At the end of trial, the Defendant, Texas Instruments Incorporated's ("TI"), pursued its equitable defense of laches, the only remaining issue left in this patent infringement case. The district court conduced an evidentiary...more

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014: On remand from the U.S. Supreme Court, which held that doctrine of laches could not bar plaintiff's copyright infringement claims involving...more

Raging Bull Decision Riles Hollywood, Thrills Plaintiffs

In June, the Supreme Court issued a landmark decision affecting copyright claims and defenses. The copyrighted work at issue was the popular motion picture Raging Bull, in which Robert DeNiro plays famous boxing champion Jake...more

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more

Judge Castel Rejects Laches and Equitable Estoppel Defenses

Defendant moved to dismiss Plaintiff’s first amended complaint based on the affirmative defenses of laches and equitable estoppel. The patents-in-suit are U.S Patent Nos. 7,980,095 (“Jewelry method and system”) and 8,479,536...more

Take Off Every Zig: The Risk in Tesla’s “All Our Patent Are Belong to You” Message

With a title parodying a classic Internet meme, Elon Musk announced on June 12, 2014, that “Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.” Musk plans to continue...more

Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit...more

Could Offensive Trademarks Find Refuge in Common Law?

The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging...more

Did “Raging Bull” Punch Led Zeppelin and Send Spirit Toward Stairway to Heaven?

More than 40 years after releasing what many music aficionados consider to be the greatest classic rock song ever written, Led Zeppelin faces a lawsuit alleging that it was written (in part) by someone else. At issue is the...more

Three Point Shot - June 2014

Federal Circuit Leaves Cobra Golf Co. in the Rough - It's dormie. On Eighteen. You're in great shape, having hit a solid drive, leaving yourself a fairway lie and a mid-iron into a back-right Sunday pin. Feeling good...more

A Football Team, by Any Other Name…: USPTO Decision Illustrates that Law is More than Hard & Fast Rules

At Meadowlawn Elementary in the 1960s, my West Michigan friends and I would boast about things that made us "better" than each other. It was the golden age of Superman comics and, while I didn't have super strength or x-ray...more

Beyond Disparaging: Five Important Clarifications Regarding Redskins Trademark Decision

Over the past year, debate regarding whether the National Football League’s Washington, D.C. franchise should continue to call itself the Redskins has risen to a fever pitch once again. So, naturally, it was big news when, on...more

The Redskins Decision: Much Ado About (Probably) Not Much

I’ve been having fun listening to commentators – most of whom appear to know little or nothing about trademark law – expound on last week’s decision by the Trademark Trial and Appeal Board to cancel six trademark...more

“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently...more

Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the...more

Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

The Redskins Decision: What It Means and Does Not Mean

On June 18, 2014, the Trademark Trial and Appeal Board (TTAB or Board) issued its ruling in Blackhorse v. Pro Football, Inc. (TTAB Cancellation No. 92046185) cancelling the Washington Redskins’ federal trademark registrations...more

USPTO Cancels Washington Redskins' Trademark Registrations

In a landmark case, the Unites States Patent and Trademark Office cancelled six trademark registrations associated with the National Football League team, the Washington Redskins, finding that use of the term "redskin" is...more

Redskins Trademark Cancelled – Q&A With Bean, Kinney & Korman

By now, you’ve no doubt heard the news that yesterday (June 18, 2014), the Trademark Trial and Appeal Board (TTAB), an administrative body of the U.S. Patent and Trademark Office (USPTO) cancelled the Washington NFL team’s...more

What does the Redskins Cancellation Mean for My Business and Trademarks?

The US Trademark Trial and Appeal Board recently cancelled several Washington Redskins trademarks on the grounds that at the time these marks were registered, they were disparaging or offensive. This means the marks should...more

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