During part of episode 1 of the Keith Law, PLLC Podcast, I briefly touched on trademark infringement defenses, including equitable defenses. One of the equitable defenses is called "laches" (generally, unreasonable delay) and it was pointed out that, although I mentioned the word, It might be helpful to explain what it means in more detail. So, in episode 8, I tried to describe the concept of "laches" in more detail.

Another of the equitable defenses is called "acquiescence," and in this brief blog post and podcast episode, I will go over the elements of this defense to a trademark infringement claim.

GENERAL LINKS:

Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
Episode's blog post: https://www.keith.law/trademark/explaining-acquiescence-another-equitable-defense-to-trademark-infringement/
Podcast Website: https://www.keith.law/category/podcast/
Firm Website: https://www.keith.law/
LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/

EPISODE-SPECIFIC LINKS:

Episode 1 (the overview episode): https://www.keith.law/trademark/practical-trademark-protection
Episode 8 (the laches episode): https://www.keith.law/trademark/explaining-laches-an-equitable-defense-to-trademark-infringement/
The referenced court case, Gibson Brand, Inc. v. Armadillo Distribution Enters.: https://casetext.com/case/gibson-brand-inc-v-armadillo-distribution-enters

TIMESTAMPS:

00:00 — What is "acquiescence" in the context of trademark infringement?

00:06 — Intro

00:30 — This quick episode follows up on the "what is laches?" episode—covering equitable defenses to trademark infringement.

01:14 — What are equitable remedies? An injunction is one type.

01:33 — The three elements of an acquiescence defense.

01:56 — Element 1: assurance

02:37 — A couple examples where acquiescence has been used

02:54 — Is silence enough to constitute assurances?

03:25 — Element 3: undue prejudice

04:05 — The takeaway from this episode

04:47 — Final thoughts and reminder to check the show notes

05:16 — Outro

DISCLAIMER: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.