Trademark Cancellation Claim Subject To Laches, 9th Circuit Rules

Mealey's (July 3, 2018, 11:49 AM EDT) -- SAN FRANCISCO — In a June 29 holding, the Ninth Circuit U.S. Court of Appeals distinguished the U.S. Supreme Court’s rulings on laches in the context of copyright and patent law with that of trademark law, finding that because there is no statute of limitations in the Lanham Act, laches is an available defense to a claim seeking cancellation of the “Lush” mark (Pinkette Clothing Inc. v. Cosmetic Warriors Limited, No. 17-55325, 9th Cir., 2018 U.S. App. LEXIS 17901)....