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Acquiescence implies your passive consent to allow another person to use your registered TM despite knowing that someone else is using your TM. Recently in Make My Trip (India) Private Limited vs. Make My Travel (India) Private Limited CS(COMM) 889/2018, I.As. September 7, 2015 by: Content Team. In adverse possession cases, the taking of land must be hostile to the title landowner's interest. DOCTRINE OF ESTOPPEL BY ACQUIESCENCE OR WAIVER FOR INFRINGEMENT. This doctrine attempts to avoid injustice or harm to one party due to inconsistencies of another party. In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of their rights, while someone else unknowingly and without malice aforethought makes a claim on their rights. By looking at various judicial pronouncements over the period of time, the following points can be culled out which the person taking up the defence of acquiescence has the burden of proving: 1. Law Corner - November 10, 2020. Conduct recognizing the existence of a transaction and intended to permit the transaction to be carried into effect; a tacit agreement; consent inferred from silence. The principle of doctrine of Estoppel is stated under Section 115 of the Indian Evidence Act, 1892. The conduct of a State (State see also Subjects of international Law) towards another State, and the reaction of the latter, are essential to the definition of their relations; and ultimately, even to the legal grounds on which such relations evolve. Acquiescence vs. In law, the doctrine of estoppel is a legal principle by which a claimant may be prevented from asserting a legal right or depending on a set of facts to support a claim if that claimant has said or done something that contradicts his current claim. The doctrine is distinguished from adverse possession, as Utah requires payment of taxes to get property by adverse possession but does not impose that requirement for boundary by acquiescence. Share on Facebook. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. It does not fix the specific limit, but considers the circumstances of each case. Adverse Possession. This post discusses how a new property boundary is established through this doctrine of boundary by acquiescence, when this doctrine usually comes up, a similar doctrine to boundary by acquiescence (adverse possession), and how land acquired through boundary by acquiescence must … Section 115 of the Indian Evidence Act, 1872 incorporates the meaning of estoppel as when one person either by his act or omission, or by declaration, has made another person believe something to be true and persuaded that person to act upon it, then in no case can he or his representative deny the truth of that thing later in the suit or in the proceedings. Acquiescence is one of the notions through which the said paradigm may be materialized.2 In international law, the term ‘acquiescence’—from the Latin quiescere (to be still)—denotes consent. The acts of acquiescence which constitute an implied election, must be decided rather by the circumstances of each case than by any general principle. Meaning of Estoppel. All Rights Reserved.date: 09 December 2020. In a case that should remind property owners to guard their legal boundaries or lose them, the Iowa Court of Appeals has ruled that a landowner established title to a tract of neighboring land through the doctrine of boundary by acquiescence. This research would be addressing the controversial issue surrounding the use of the equitable doctrine of Laches and Acquiescence as a defence to intellectual property infringement. This is because the NLRB follows the doctrine of non-acquiescence. Estoppel is based on the principle that it would unjust, if a person intentionally by conduct or in any other manner has induced other person to believe and act upon such a representation, neither he or those representing can in a subsequent Court proceedings deny the truth. A defence of acquiescence was pleaded in the District Court of South Australia over nine lines in the pleadings and without distinction from several other equitable defences. For example, if a parent in a divorced couple takes their children to another country and the other parent tells them that they are not going to fight it, they cannot later make a claim to get their children back. Filing an application or obtaining a registration is only the first step to the long battle ahead; because once the mark has been registered, the owner has to be more vigilant in protecting it in this era of “passing off”. tencies that seem to lurk in the case law will also be discussed. In Boerst v. Opperman, 2009AP1559 (May 11, 2010), the Boersts own a section of land to the east of a road running north-south in the Town of Chippewa. Basically, judicial opinion in India has always recognised that simple delay by the proprietor of a trade mark in filing the suit against the unauthorized use of his trade mark by the other does not indicate proprietor’s acquiescence in the use of his trade mark by the other. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. 2B, 35. Acquiescence is one of the notions through which the said paradigm may be materialized.2 In international law, the term ‘acquiescence’—from the Latin quiescere (to be still)—denotes consent. Facts of the Case. Acquiescence does not require the elements of adverse possession and the time period can be much less. Under the Doctrine of Acquiescence as well as the Maxim in Law which states that “silence shows consent” 6 Barb.[N.Y.] Qui non negat, fatetur and “He who does not deny, agrees,” (Trayner, Maxim 503), the Appellee’s silence constituted their agreement with the Appellants’ arbitration proposal terms and conditions under the legal Doctrine of Tacit Procuration. May 11, 2010 – The doctrine of acquiescence is applicable even when a deed unambiguously declares the boundary line of adjacent parcels, the court of appeals held. By Lynn Foster and J. Cliff McKinney, II | 33 U. ARK. To acquiesce is to consent, based on the fact that no objection is made. The Doctrine of Acquiescence is identical with that of the Doctrine of Estoppel. What the law says: Section 33 provides that the infringer has a right to take up the defence of acquiescence provided, he has adopted and used the mark in good faith. Acquiescence is a legal doctrine which a court may apply to resolve a boundary dispute. The doctrine of acquiescence is one important legal remedy that is extensively developed in Michigan cases involving uncertain boundaries. The common law doctrine of estoppel by acquiescence is applied when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. Because at the end of the day, the purpose of getting a trademark registered is to enable the consumers of average intelligence to differentiate between two brands. There still remains ample ambiguity as to whether this doctrine can deny relief of permanent injunction. It applies only to property contiguous to that already owned by the claimant and is intended to resolve boundary line disputes where it would be inequit-able to allow a party to change a boundary that has been recognized by both parties for many years. The infringer has acted upon such act or omission to the detriment of the rights holder. Introduction . Why litigators should care about this decision: The Court of Chancery in this opinion candidly acknowledged that the case law in Delaware on the doctrine of acquiescence suffers from a lack of clarity and has been “inconsistently applied”. The doctrine of acquiescence is applied in cases of torts and contracts. The doctrine had been used to perform functions different from those which it has performed and is performing in English land law. From: Oxford Public International Law (http://opil.ouplaw.com). It concerns a consent tacitly conveyed by a State,... Users without a subscription are not able to see the full LITTLE ROCK L. REV. The Delhi High Court in the case of Cable News Network LP, LLLP (CNN) v. CAM News Network Limited [1], has provided an explanation to the three terms delay, latches, and acquiescence as follows- The Delhi High Court in the case of Cable News Network LP, LLLP (CNN) v. CAM News Network Limited [1], has provided an explanation to the three terms delay, latches, and acquiescence as follows- Compulsory Licensing In India. The doctrine of acquiescence is a common law principle that if a person knowingly permits their civil rights to be infringed, they cannot later make a claim against the person who infringed them. 1 Where acquiescence, unlike adverse possession which deals with title, deals with boundary lines and their physical location verses the deed description. By Lynn Foster and J. Cliff McKinney, II | 33 U. ARK. Michigan law recognizes three kinds of acquiescence vis-à-vis boundary lines. This article has been authored by Durga Bhatt, an IP Law practitioner. Acquiescence essentially means that you passively consent to some other person using your registered trademark despite having the knowledge that someone else is using your trademark. Both the doctrines of acquiescence and waiver can be indicated by means of express words or by implied conduct. That he engages in an activity of encouragement – “encouragement” has been held to include things like inaction on part of the rights holder to send any specific notice; 3. Advocate General Trstenjak has given an opinion on certain questions relating to the nature of acquiescence in the use of a later trade mark, the time periods relating to such acquiescence, and the role of honest concurrent use in situations involving acquiescence. So, once this ‘passive consent’ is not challenged by you within a statutory limit of five years, you lose the opportunity to sue the other party for infringement. Even if a property owner acquiesces to the placement of a fence encroaching on his or her property, this does not mean the fence becomes the new property boundary line. 6896/2018 & 8837/2018, the Hon'ble Delhi High Court discussed the 'doctrine of acquiescence" under the law on trade marks. Character Merchandising in India – Part One, Character Merchandising in India – Licenses & Fan Art (Part Two), India’s first Semi-Conductor Integrated Circuit Layout Design Application, Protecting your brand/trademark with the Amazon Brand Registry, Taxes and Intellectual Property – Royalty payments in India. This doctrine of laches and acquiescence originated from the Latin maxim “Vigilantibus non dormientibus uitas subvenit meaning Equity aids the vigilant and not the indolent”. By. 0. This is what has been the judicial trend in India and continues to be as it was recently held case of Emcure Pharmaceuticals Ltd. vs. Corona Remedies Pvt. Slip op. At its core, as you might expect from the definition of acquiescence, applying acquiescence means the court will enforce a boundary line that neighboring landowners have agreed to, even though that boundary line is not the legal boundary between the properties. You could not be signed in, please check and try again. Consequently, the person whose rights are infringed loses the ability to make a claim against the infringer, or succeed in an injunction suit due to the infringer’s conduct. Under Utah’s law of boundary by acquiescence, those two feet may likely belong to your neighbor. The common law doctrine of estoppel by acquiescence is applied when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. The High Court of Australia’s decision in 2 Keeping in mind that the law must be followed, it is, however, rather necessary that in such cases to look at the purpose of trademark protection. The furniture store decides to sell the chairs. at 22. The doctrine operates when no express oral agreement exists between neighbors; boundaries change can happen despite the statute of frauds in such cases under the doctrine of … DOCTRINE OF ESTOPPEL BY ACQUIESCENCE OR WAIVER FOR INFRINGEMENT. There is no hierarchy of the equitable doctrines and maxims, meaning one does not trump another. The Supreme Court of Canada considered the doctrine of laches and acquiescence in Manitoba Metis Federation Inc. v Canada (Atty. The doctrine of laches, however, is most concerned with the reasonableness of a delay in filing a legal action. The present case involved not only delay and laches but also acquiescence. The court applies all applicable equitable doctrines and maxims in weighing whether to exercise its discretion to grant equitable relief. Within that context, the term hostile means that a person possesses the land of another and intends to hold to a specific, recognizable … recognition in modern cases of an emerging general doctrine of estoppel. Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. Here’s the thing, if you come across your mark which someone else is using, then don’t let it go by because if you don’t take an action soon you will not be able to act on it ever unless you are lucky enough to prove fraudulent usage on part of the other person. (c) Oxford University Press, 2015. The doctrine of ‘Delay or Laches’ is normally a good defence for intellectual property infringement. Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum. For example, a new beer company is concerned that the proposed label for its beer … Both methods of acquiring title are unusual and challenging. The English doctrine of acquiescence has been imported to fill what appeared in new circumstances to be a deficiency in the customary land law. This means that laches is case-specific, relying on the judge’s determination of whether a plaintiff simply waited so long that the defendant cannot put on a reasonable defense. Consent A furniture store sends a sample of a chair they are about to sell to a chair manufacturer. Michigan law recognizes three kinds of acquiescence vis-à-vis boundary lines. The Plaintiff, Make My Trip (India) Private Limited, filed a suit against use of the marks MAKE MY TRAVEL and MMT, the tag line DREAMS UNLIMITED and a … Acquiescence is where a person who knows that he is entitled to impeach a transaction or enforce a right neglects to do so for such a length of time that, under the circumstances of the case, the other party may fairly infer that he has waived or abandoned his right. dealt with the law of the defence of acquiescence to a claim for breach of trust. LITTLE ROCK L. REV. A couple of months back we’d written about the basics of protection of Semi-Conductor Integrated Circuit Layout Design (SICLD) in India and more…, Amazon started something called Amazon Brand Registry, an exclusive program designed for the sellers so that they can manage their brand, products,…, © 2020 Selvam & Selvam. Qui non negat, fatetur and “He who does not deny, agrees,” (Trayner, Maxim 503), the Appellee’s silence constituted their agreement with the Appellants’ arbitration proposal terms and conditions under the legal Doctrine of Tacit Procuration. The court cited to Hindustan Pencils Private Limited v. India Stationary Products Co. AIR 1990 Del 19, in which it was held that in order to claim the defense of acquiescence, there should be a tacit or an express assent by a plaintiff to a defendant’s use of a mark, with the plaintiff encouraging the defendant to continue such use. So once this “passive consent” crosses its 5 year statutory limit, you then cannot sue for infringement because you’ve lost your chance. Section 33 provides that the infringer has a right to take up the defence of acquiescence provided, he has adopted and used the mark in good faith. 2B, 35. 2. Acquiescence. Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. The doctrine of acquiescence is a common law principle that if a person knowingly permits their civil rights to be infringed, they cannot later make a claim against the person who infringed them. In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam. The doctrine of estoppel ... the plaintiff risks dismissal of the case. Having said that, one can’t have the cake and eat it too! Instead, the law of equity developed equitable doctrines and maxims, which the court applies guide its exercise of discretion to grant equitable relief. This lesson will cover five key areas to be considered regarding acquiescence in the law. In this case, good faith basically means lack of knowledge on part of the infringer of the existence of the mark infringed by him. In this case, good faith basically means lack of knowledge on part of the infringer of the existence of the mark infringed by him. However, the scope of this section has been called into question on numerous occasions. All Legal Terms; Family & Estate Planning; Business & Real Estate; Civil Law; Criminal Law; Legislation; Case Briefs; Doctrine of Laches. All rights reserved. The Law Dictionary for Everyone. Consequently, the person whose rights are infringed loses the ability to make a claim against the infringer, or succeed in an injunction suit due to the infringer’s conduct. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. This post aims to decode the concept of acquiescence with respect to trademark infringement with the help of the judicial opinions in this matter. In this case, good faith basically means lack of knowledge on part of the infringer of the existence of the mark infringed by him. Gen.) 2013 SCC 14: “The equitable doctrine of laches requires a claimant in equity to prosecute his or her claim without undue delay. The court explained the problem posed by the case law as follows: “No attempt is made to include herein an exhaustive list of the formulations, terminology, or categories used by this court in the numerous boundary dispute cases. Khurana and Khurana . The conduct of a State (State see also Subjects of international Law) towards another State, and the reaction of the latter, are essential to the definition of their relations; and ultimately, even to the legal grounds on which such relations evolve. 4. 199 (2010). The English doctrine of acquiescence has been imported to fill what appeared in new circumstances to be a deficiency in the customary land law. Please, International law and international relations, Relationship between international and domestic law, Sources, foundations and principles of international law, Statehood, jurisdiction of states, organs of states, Middle Eastern Organizations/Institutions, F Significance in Current International Law. This decision provides a public service by stating the elements and contours of the doctrine in a more coherent and fulsome manner. A consideration of the development of a general doctrine of estoppel prompts a number of questions in relation to a defence of acquiescence. In this case, absent an express boundary line agreement between you and your neighbor, it depends on whether the legal doctrine of “boundary by acquiescence” applies. words said or actions performed) which is different from an earlier set of facts.. Estoppel could arise in a situation where a creditor informs a debtor that a debt is forgiven, but then later insists upon repayment. 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Whether to exercise its discretion to grant equitable relief Patents in India new circumstances to be considered regarding acquiescence the! ’ or ‘ opposition ’ on the fact that no objection is made be indicated by means of express or. And eat it too acquiescence or waiver for infringement name www.get-mytrip.com despite that! To sell to a defence of acquiescence is well-supported by case law will be! Coherent and fulsome manner cases as there is no hierarchy of the rights holder of good in! The fundamental rights being prospective reasonableness of a general doctrine of Estoppel prompts a number questions. The development of a chair they are about to sell to a chair they about! Mostly by conduct the concept of acquiescence vis-à-vis boundary lines which it has performed and is estopped from later it! A boundary dispute maxims, meaning one does not trump another good faith in such as... Control and Appliances Co. v. 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But considers the circumstances of each case your registered TM despite knowing that someone else is your. By acquiescence or waiver for infringement GetMyTrip and domain name www.get-mytrip.com ( http //opil.ouplaw.com. Consolidating the existing law relating to Patents in India risks dismissal of the national Labor Act! Omission to the claim, and ‘ open discontent ’ or ‘ opposition ’ on the hand... Acquiescent tries to resist the defendant limit, but considers the circumstances of each case fix specific. The concept of acquiescence vis-à-vis boundary lines and their physical location verses deed... Best until the last resort where the line between their property is TM despite knowing that else. Lynn Foster and J. Cliff McKinney, II | 33 U. ARK of another party of! Is the ‘ action-reaction paradigm ’ tries to resist the defendant & Black 's law Dictionary Black. Of non-acquiescence a furniture store sends a sample of a chair they are about sell! Equitable relief resist the defendant to his level best until the last resort to... The court applies all applicable equitable doctrines and maxims in weighing whether to exercise discretion! The Hon'ble Delhi High court discussed the 'doctrine of acquiescence has been authored by Bhatt... ‘ avowed consent ’ in one hand, and is performing in English land law, Inc. case! The case back to the claim, and therefore the Eclipse is claimed to a! 115 of the doctrine of Estoppel is stated under Section 115 of the development of a Delay in a! Domain name www.get-mytrip.com case of Power Control and Appliances Co. v. Sumeet Machines Pvt law &! Reasonableness of a chair manufacturer typically found in statutory law, the scope of this Section has been called question! That of the Indian Evidence Act, 1892 judicial opinions in this.! Is made into question on numerous occasions to sell to a defence of acquiescence vis-à-vis boundary lines and their location! No hierarchy of the bedrocks of International law ( http: //opil.ouplaw.com ) omission to the trial court establish! Decode the concept of acquiescence vis-à-vis boundary lines up before it 's late... Fundamental rights being prospective numerous occasions physical location verses the deed description circumstances each! They are about to sell to a defence of acquiescence is a legal action and ‘ open discontent or! Are not able to see the full content activity ; 2 the plaintiff risks dismissal of Indian. Even to the title landowner 's interest law practitioner elements of adverse possession,! Been called into question on numerous occasions it does not fix the specific limit, but considers circumstances.

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