Cohn & Rosenberger, Inc. v. Kaufman & Ruderman, Inc.

In this action for trade-mark infringement and unfair competition between two companies in the costume jewelry business, it is substantially conceded that the defendant’s mark “ Karu ” constitutes an infringement of plaintiff’s mark “ Coro.” The complaint was dismissed below on the basis of a finding that plaintiff’s long acquiescence in defendant’s use of the infringing mark created an estoppél which bars all relief. We agree that plaintiff’s conduct constitutes laches and precludes any right to damages. That is no reason, however, why the defendant should be permitted to practice a…