Fifth Circuit Clarifies Undue Prejudice Prong of Acquiescence Defense to Trademark Infringement | Practical Law
In Pennzoil-Quaker State Company v. Miller Oil and Gas Operations, the US Court of Appeals for the Fifth Circuit rejected Miller Oil's acquiescence defense to Pennzoil's trademark infringement claim, finding Miller Oil failed to show it was unduly prejudiced by any representations made by Pennzoil. The decision clarifies the undue prejudice prong of the acquiescence defense in the Fifth Circuit.