Contract Glossary

Laches

Definition

An equitable defense that bars a claim because the plaintiff waited too long to assert their rights, and the delay unfairly prejudiced the other party. Unlike a statute of limitations (which is a fixed deadline), laches is about fairness, did your delay cause harm?

In Practice

If you know someone is infringing your trademark but wait five years to sue, during which time they invest millions in building their brand, a court may apply laches and throw out your claim. The logic: you sat on your rights while the other party relied on your silence. Even if you're within the statute of limitations, laches can still bar your case.