case laws on doctrine of acquiescence

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. The principle of doctrine of Estoppel is stated under Section 115 of the Indian Evidence Act, 1892. However, the doctrine of acquiescence is expressed mostly by conduct. 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. 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. Slip op. 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. Within that context, the term hostile means that a person possesses the land of another and intends to hold to a specific, recognizable … The doctrine had been used to perform functions different from those which it has performed and is performing in English land law. Having said that, one can’t have the cake and eat it too! 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. Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam. 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. 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. LITTLE ROCK L. REV. That is, the Board will not back away from a legal ruling simply because it has been rejected by a single, or perhaps even a group, of circuit courts of appeals. By Lynn Foster and J. Cliff McKinney, II | 33 U. ARK. 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 … ADVERTISEMENTS: 7. The court of appeals sent the case back to the trial court to establish the definitive boundary line based upon acquiescence. 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. 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 implies your passive consent to allow another person to use your registered TM despite knowing that someone else is using your TM. The doctrine of estoppel ... the plaintiff risks dismissal of the case. In the case of Power Control and Appliances Co. v. Sumeet Machines Pvt. 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 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- Facts of the Case. Law Corner - November 10, 2020. 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. In this case, good faith basically means lack of knowledge on part of the infringer of the existence of the mark infringed by him. Mutual Recognition & Acquiescence is a legal doctrine, which though much less used and developed than adverse possession, sometimes serves as another means to settle a land fight between adjoining property owners. Consent A furniture store sends a sample of a chair they are about to sell to a chair manufacturer. Acquiescence. The acts of acquiescence which constitute an implied election, must be decided rather by the circumstances of each case than by any general principle. 2. To acquiesce is to consent, based on the fact that no objection is made. Under the Doctrine of Acquiescence as well as the Maxim in Law which states that “silence shows consent” 6 Barb.[N.Y.] 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. The acquiescent tries to resist the defendant to his level best until the last resort. The present case involved not only delay and laches but also acquiescence. So in a case where the infringer has applied for registration of “your” mark, or for something similar, knowing fully well that such a mark exists already and you have not taken any action for a period of 5 years against him, then the law says that still have a right to sue as long as the male fide intentions of the defendant are proved. 0. Introduction . Under the Doctrine of Acquiescence as well as the Maxim in Law which states that “silence shows consent” 6 Barb.[N.Y.] For example: Tweet on Twitter . LITTLE ROCK L. REV. The furniture store decides to sell the chairs. 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”. Both methods of acquiring title are unusual and challenging. DOCTRINE OF ESTOPPEL BY ACQUIESCENCE OR WAIVER FOR INFRINGEMENT. You could not be signed in, please check and try again. 1 One of the bedrocks of international law is the ‘action-reaction paradigm’. 8. The principle of doctrine of Estoppel is stated under Section 115 of the Indian Evidence Act, 1892. Development in English Law. content. A consideration of the development of a general doctrine of estoppel prompts a number of questions in relation to a defence of acquiescence. 199 (2010). All Rights Reserved.date: 09 December 2020. 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. 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. Under modern law, such defenses are available in any civil case. 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. Doctrine of Eclipse – Explain With Leading Cases. (c) Oxford University Press, 2015. Five elements of acquiescence were described in this opinion as: (1) the plaintiff remained silent (2) with knowledge of her rights (3) and with knowledge or expectation that the defendant would likely rely on her silence (4) the defendant knew of the plaintiff’s silence, and (5) the defendant in fact relied to her detriment on the plaintiff’s silence. 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. Compulsory Licensing In India. 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. There obviously cannot be any assumption of good faith in such cases as there is clear dishonesty on part of the defendant. 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”. 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. Khurana and Khurana . Citizens have privileges, but People have Unalienable Rights “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. This post aims to decode the concept of acquiescence with respect to trademark infringement with the help of the judicial opinions in this matter. DOCTRINE OF ESTOPPEL BY ACQUIESCENCE OR WAIVER FOR INFRINGEMENT. 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. The doctrine of acquiescence is one important legal remedy that is extensively developed in Michigan cases involving uncertain boundaries. The doctrine of acquiescence is applied in cases of torts and contracts. September 7, 2015 by: Content Team. The doctrine of ‘Delay or Laches’ is normally a good defence for intellectual property infringement. 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. 4. Michigan law recognizes three kinds of acquiescence vis-à-vis boundary lines. It concerns a consent tacitly conveyed by a State,... Users without a subscription are not able to see the full 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. 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. The infringer has acted upon such act or omission to the detriment of the rights holder. recognition in modern cases of an emerging general doctrine of estoppel. So once this “passive consent” crosses its 5 year statutory limit, you then cannot sue for infringement because you’ve lost your chance. 199 (2010). However, the scope of this section has been called into question on numerous occasions. This doctrine attempts to avoid injustice or harm to one party due to inconsistencies of another party. This article summarizes the general aspects of adverse possession and boundary by acquiescence in Arkansas, discusses the relationship between the two, focuses on problems with the applicable statutes, discusses inconsistencies in case law, and suggests amendments to the applicable statutes. 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”. 2B, 35. The Supreme Court of Canada considered the doctrine of laches and acquiescence in Manitoba Metis Federation Inc. v Canada (Atty. However, judges and academic writers in this area cannot agree as to whether, and how, to unify estoppel. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line. 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. The Court, in such cases would be justified in concluding that the defendant wanted to cash in on the plaintiff’s name and reputation. In adverse possession cases, the taking of land must be hostile to the title landowner's interest. This article summarizes the general aspects of adverse possession and boundary by acquiescence in Arkansas, discusses the relationship between the two, focuses on problems with the applicable statutes, discusses inconsistencies in case law, and suggests amendments to the applicable statutes. 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. 6896/2018 & 8837/2018, the Hon'ble Delhi High Court discussed the 'doctrine of acquiescence" under the law on trade marks. The law on acquiescence: Wake up before it's too late! The Agreed-Boundary Doctrine: Acquiescence in Fence Location Does Not Establish New Property Boundary Line October, 2012 By Ronald L. Richman. There still remains ample ambiguity as to whether this doctrine can deny relief of permanent injunction. By Lynn Foster and J. Cliff McKinney, II | 33 U. ARK. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. 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. 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 doctrine of boundary by acquiescence, which is closely related to the ancient common-law doctrine of adverse possession, was recently clarified by the Utah Supreme Court in two 2016 decisions. 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. Ltd. where the High Court of Bombay upheld that “A mere failure to sue without a positive act of encouragement is no defence and is no acquiescence.”. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. This decision provides a public service by stating the elements and contours of the doctrine in a more coherent and fulsome manner. 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. 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. MakeMyTrip’s objection was on the sole ground that Hermes operated not in the business-to-consumer (B2C) domain but in the business-to-business domain. The doctrine had been used to perform functions different from those which it has performed and is performing in English land law. The laws are hidden by the relevant fundamental rights, and therefore the Eclipse is claimed to be sew it. 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. 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. 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. The law of acquiescence is concerned with adjoining property owners, both of whom are mistaken about where the line between their property is. Acquiescence vs. 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 defendants purchased their residential property on lot 3 in 1999. One such adaptation is the subject of this article. The Doctrine of Eclipse may be a doctrinal principle that advocates the concept of fundamental rights being prospective. Like how every rule has an exception, so does this rule, which is in the form of fraudulent and dishonest adoption of the mark by the infringer. For example, a new beer company is concerned that the proposed label for its beer … 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. From: Oxford Public International Law (http://opil.ouplaw.com). Share on Facebook. 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- 1 Where acquiescence, unlike adverse possession which deals with title, deals with boundary lines and their physical location verses the deed description. Laches, and Acquiescence have been used interchangeably as a defence which arises due to the conduct of the proprietary right owner either expressly or impliedly, depending on the circumstance surrounding the case. The trademark mark holder must have the knowledge of the infringing activity; 2. 2B, 35. (Budějovický Budvar, národní podnik v Anheuser-Busch, Inc., Case C-482/09, 3 February 2011.) dealt with the law of the defence of acquiescence to a claim for breach of trust. 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. 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. In this case, good faith basically means lack of knowledge on part of the infringer of the existence of the mark infringed by him. Ltd, where the manufacture allowed the use of his registered trade for a long period of time without protest, this amounts to acquiescence, attracting the doctrine of acquiescence. The court applies all applicable equitable doctrines and maxims in weighing whether to exercise its discretion to grant equitable relief. This is because the NLRB follows the doctrine of non-acquiescence. The English doctrine of acquiescence has been imported to fill what appeared in new circumstances to be a deficiency in the customary land law. All rights reserved. The doctrine of boundary by acquiescence, which is closely related to the ancient common-law doctrine of adverse possession, was recently clarified by the Utah Supreme Court in two 2016 decisions. 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. tencies that seem to lurk in the case law will also be discussed. Instead, the law of equity developed equitable doctrines and maxims, which the court applies guide its exercise of discretion to grant equitable relief. Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. This lesson will cover five key areas to be considered regarding acquiescence in the law. Acquiescence does not require the elements of adverse possession and the time period can be much less. Recently in Make My Trip (India) Private Limited vs. Make My Travel (India) Private Limited CS(COMM) 889/2018, I.As. 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