Statute of Limitations of Trademark Infringement in Louisiana

There is no specific statute of limitations for trademark infringement. If the infringement is ongoing a claim can generally be filed any time as long as it is not barred by the doctrine of laches or another statute of limitations.

Federal Law

If you wish to bring a trademark infringement suit under federal law there is no explicit statute of limitations mentioned in the Lanham Act (which covers trademark law). Instead, the federal court will turn to any applicable state law for guidance. Some federal courts have held that trademark infringement suits should be brought within five years of infringement notice.

State Law

Louisiana law is similar to federal law in that there is no statute of limitations mentioned in Louisiana Revised Statutes Annotated Section 51:222 regarding trademark infringement. While there is no rigid statutory limit, it is likely that some cases would be barred by the doctrine of laches.

Doctrine of Laches

The doctrine of laches prevents trademark holders from bringing a trademark infringement case if they knew of the alleged infringing trademark use by another party, their delay in bringing the case was inexcusable and the delay caused prejudice to the other party. There is no strict time limit mentioned in the doctrine of laches but, after five years the doctrine would have a higher likelihood of applying.

References

• LawGuru Answers: What is the statute of limitations on trademark claims
• IP Legal Lounge: Doctrine Of Laches, Statutes Of Limitations, And Trademarks

Resources

• Louisiana Secretary of State