Three-year, Two-month Delay Supports Laches Defense and Raises Petitioner’s Confusion Standard at Trial: TTAB | Practical Law
In Ava Ruha Corporation v. Mother's Nutritional Center Inc., the US Trademark Trial and Appeal Board (TTAB) issued a precedential opinion finding the petitioner's three-year, two-month delay sufficient for laches, dismissing the petitioner's dilution claim on summary judgment and raising the petitioner's standard at trial to inevitable confusion. The TTAB declined to apply laches to dismiss the petitioner's fraud claim as a matter of public policy.