- G. Abandonment, Acquiescence, Laches, and Waiver
Finally, Defendants assert the defenses of abandonment, acquiescence, laches, and waiver.
To establish abandonment, defendants must demonstrate (1) the copyright holders' intent to surrender its rights in the work; and (2) an overt act evidencing that intent. See Paramount Pictures Corp. v. Carol Publ'g Group, 11 F. Supp.2d 329, 337 (S.D.N.Y. 1998), aff'd 181 F.3d 83 (2d Cir. 1999). The presence of a copyright notice is evidence of one's intent not to abandon one's copyright. See id. No evidence has been presented to indicate an overt act of abandonment. Notwithstanding the evidence that Plaintiffs did not always enforce the copyright as vigorously as they are currently attempting to do, there is no evidence of an overt act by Plaintiffs evidencing an intent to surrender the copyright.
To establish waiver, defendants must show that plaintiffs "relinquished a right with both knowledge of the existence of the right and an intent to relinquish it." Christian Dior-New York, Inc. v. Koret, Inc., 792 F.2d 34, 40 (2d Cir. 1986); see Bingham v. Zolt, 823 F. Supp. 1126, 1132 (S.D.N.Y. 1993), aff'd 66 F.3d 553
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