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Abraham v. Alpha Chi Omega

5th Cir.

December 11, 2012

Thomas Kenneth Abraham, doing business as Paddle Tramps Manufacturing Co., appeals the district court's order granting a partial preliminary injunction against his use of trademarks belonging to 32 fraternity and sorority organizations. The organizations cross-appeal. An injunction against future infringement in a particular locale when laches and acquiescence have been found, as in this case, is properly denied if the plaintiff's delay or other conduct either induced reliance on the defendant's part or will result in substantial prejudice to the defendant if the plaintiff is permitted to enforce its rights in the trademark. The trial court's injunction is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-10525, 12-06-2012.

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