Page:Penguin Books v. New Christian Church of Full Endeavor.pdf/54

 (2d Cir. 1995). Again, no evidence of any intent to relinquish Plaintiffs rights has been put forth.

To establish laches or acquiescence, defendants must show (1) plaintiff's unreasonable lack of diligence in initiating an action; and (2) prejudice to the defendant resulting from plaintiff's delay. , 976 F.2d 824, 832 (2d Cir. 1992). The mere passage of time between plaintiff's knowledge of an infringing act and the filing of a suit is insufficient to establish laches as a bar to litigation; rather "[s]ome prejudice to the defendants must be added to the delay for it to ripen into laches." , 887 F. Supp. at 560. Moreover, "laches is not a defense against injunctive relief when the defendant intended the infringement." , 166 F.3d 65, 75 (2d Cir. 1999).

Although Plaintiffs were aware of Defendants' existence as a religious organization at least as far back as 1989, there is no evidence that Plaintiffs learned of Defendants' allegedly infringing acts until several years later, at which point Plaintiffs took action.


 * IV.