THREE AND A HALF YEARS ENOUGH FOR LACHES

Three and a half years is a sufficient delay for the purposes of establishing laches, according to the TTAB. The Board found that under §22 of the Trademark Act, Petitioner had constructive knowledge of Respondent’s registration as of the registration date. Although Petitioner prevailed by a preponderance of evidence in demonstrating a likelihood of confusion, the Board took a very dim view of the fact that the Petitioner in its pleadings had remained "conspicuously silent regarding it reasons for the delay" in commencing the cancellation action. Both parties used the mark GOLD SEAL, one on aircraft engine transmission harnesses and the other on aircraft engines. The marks had coexisted for over 10 years without there being any known instances of actual confusion. The Board found Respondent’s investment in and development of its trademark during the intervening "prolonged (three and a half year) period" between registration and Petitioner’s action demonstrated sufficient evidence of economic prejudice to support laches. Teledyne Technologies, Inc. —v- Western Skyways, Inc. (Cancellation 92041265)