Internet Specialties West, Inc. v. Milon-Digiorgio Enterprises, Inc.

I respectfully dissent.

“[Ejquity aids the vigilant, not those who slumber on their rights, or Vigilanti-bus non dormientibus, aequitas subvenit ...."1

The majority opinion could have used what Learned Hand wrote about prejudice, and left it at that:

[the plaintiff] did nothing; not a word of protest, or gesture of complaint, escaped it for six years more; and still [defendant’s business] kept increasing. What equity it can have the hardihood now to assert; how it can expect us to stifle a competition which with complete complaisance, and even with active encouragement, it has allowed for years…