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ARTICLE · 23 MAY 2013

Laches, Acquiescence, And Trademark Injunctions

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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A long time manufacturer of ceremonial paddles has recently marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek organizations’ trademarks in his advertising.

United StatesIntellectual Property

Who Should Be Upstream Without a (Greek) Paddle? 

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek organizations' trademarks in his advertising. Thomas Kenneth Abraham d/b/a Paddle Tramps Manufacturing Co. v. Alphi Chi Omega, case no. 12-1341 (2013). The lower courts applied the legal doctrines of  laches and acquiescence to find that the Greeks waited much too long to assert their rights and, as a result, could not collect damages for trademark infringement. However, they did allow a permanent injunction against future advertising by the Company using the Greek organizations' trademarks. Since there is a significant split among the circuit courts on the issue of when these two legal doctrines bar a trademark injunction, this case may be ripe for Supreme Court review. So, what will the outcome of

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