Judge Stark Grants Plaintiff’s Motion for Partial Summary Judgment as to Defendants’ Affirmative Defenses of Laches, Acquiescence and Statute of Limitations in Trademark Infringement Action

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By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd., Civil Action No. 20-1652-LPS (D.Del. November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. as to the affirmative defenses of laches, acquiescence, and statute of limitations of Defendants as to Defendants’ allegedly infringing use of the EMERSON QUIET KOOL trademark.

In so ruling, the Court found that Defendants’ affirmative defenses of laches and acquiescence failed as a matter of law because (1) they were based on an alleged 2017 assignment of the EMERSON QUIET KOOL trademark from American Ductless AC Corp. (“American Ductless”) to Defendant Emerson Quiet Kool Co. Ltd., and (2) there was no genuine dispute of material fact that the alleged assignment of the trademark was invalid because there was no consideration paid to American Ductless.  Id. at *3-4.  The Court also found that there was no genuine dispute of material fact that the instances of Defendants’ alleged infringing activities occurred within the six-year limitations period preceding the filing of the lawsuit by Plaintiff.  Id. at *6.

A copy of the Memorandum Order is attached.

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