Ninth Circuit: Pinkette Clothing v. Cosmetic Warriors

Although laches is not available against a copyright or patent claim within the term of the statute, the Lanham Act provides a five year period to equitably challenge a mark, after which a challenge is still available on other grounds. Laches, as an equitable defense, is therefore available as a defense within the initial five year term.

No error in finding that the claim was equitably barred, given showing that most analogous state statutes of limitations had expired.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/29/17-55325.pdf