· 12/13/1982
University of Pittsburgh, a Non Profit Corporation v. Champion Products Inc., a Corporation
Citations
- 686 F.2d 1040
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that silence may constitute acquiescence when the owner of a trade name has knowledge of another party’s use of its name and fails to object
- recognizing that “mere delay” or “laches without more” typically bars only monetary recovery unless the delay is so “outrageous . . . as to constitute a virtual abandonment” of a mark
- noting that laches gives “rise to affirmative rights in the defendant as a result of detrimental reliance”
- noting that, in the context of “mere delay” or “laches without more,” “the much more common situation [is one] in which the plaintiffs less egregious delay will bar its claim for an accounting for past infringement but not for prospective injunctive relief’
- finding no bar to injunctive relief in a case of silent acquiescence by trademark owner, because there was no unreasonable delay
- describing the “common situation” where a plaintiff’s delay “will bar its clam for an accounting for past infringement but not for prospective injunctive relief”
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Dusen, Seitz, Van Dusen Sloviter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.