What is "Laches?"—an Exploration of this Equitable Defense

During a portion of episode 001 of the Keith Law, PLLC Podcast, I briefly touched on trademark infringement defenses, including equitable defenses. One of the equitable defenses is called "laches" (generally, unreasonable delay) and it was pointed out that, although I mentioned the word, It might be helpful to explain what it means in more detail. So, in this episode, I'll try to describe the concept of "laches" in more detail.

LINKS:

Firm Website: https://www.keith.law/

Podcast Website: https://www.keith.law/category/podcast/

Episode blog post: https://www.keith.law/trademark/explaining-laches-an-equitable-defense-to-trademark-infringement/

Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute

LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/

TIMESTAMPS:

00:01 — Topic

00:41 — Laches, and why I'm focusing on it in this episode

01:10 — Statute of limitations for trademark infringement

01:50 — Monetary damages

02:05 — Injunctions

02:35 — Infringement can be considered a continuing tort in Texas

03:03 — Injunctions are equitable remedies, so equitable defenses apply

03:13 — The common equitable defenses

03:33 — What is "laches" and when does it apply?

04:15 — Delay (unreasonable and inexcusable)

05:57 — Undue prejudice

07:09 — The legal effect of laches

08:35 — As often with legal questions, it's not black or white, but falls on a spectrum of grey

09:11 — Check the show notes

09:28 — Protecting competitive advantages

10:08 — Best wishes and outro

Disclaimer: This audio and related blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.