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”. 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. 199 (2010). 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. 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. 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. 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. All rights reserved. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. Under Utah’s law of boundary by acquiescence, those two feet may likely belong to your neighbor. The doctrine of acquiescence is one important legal remedy that is extensively developed in Michigan cases involving uncertain boundaries. 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. 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- 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. To acquiesce is to consent, based on the fact that no objection is made. Adverse Possession. Both methods of acquiring title are unusual and challenging. Michigan law recognizes three kinds of acquiescence vis-à-vis boundary lines. dealt with the law of the defence of acquiescence to a claim for breach of trust. tencies that seem to lurk in the case law will also be discussed. The law of acquiescence is concerned with adjoining property owners, both of whom are mistaken about where the line between their property is. Slip op. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. 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 infers a form of "permission" that results from silence or p… 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. 2B, 35. 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. 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. In this case, good faith basically means lack of knowledge on part of the infringer of the existence of the mark infringed by him. 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. 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. 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. 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. In the case of Power Control and Appliances Co. v. Sumeet Machines Pvt. Acquiescence is a legal doctrine which a court may apply to resolve a boundary dispute. By Lynn Foster and J. Cliff McKinney, II | 33 U. ARK. Acquiescence vs. The Board exercises national jurisdiction over application and enforcement of the National Labor Relations Act. 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. The doctrine of ‘Delay or Laches’ is normally a good defence for intellectual property infringement. The trademark mark holder must have the knowledge of the infringing activity; 2. 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. 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. Doctrine of Eclipse – Explain With Leading Cases. The Doctrine of Eclipse may be a doctrinal principle that advocates the concept of fundamental rights being prospective. Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam. However, judges and academic writers in this area cannot agree as to whether, and how, to unify estoppel. The furniture store decides to sell the chairs. This decision provides a public service by stating the elements and contours of the doctrine in a more coherent and fulsome manner. There is no hierarchy of the equitable doctrines and maxims, meaning one does not trump another. 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. Instead, the law of equity developed equitable doctrines and maxims, which the court applies guide its exercise of discretion to grant equitable relief. The English doctrine of acquiescence has been imported to fill what appeared in new circumstances to be a deficiency in the customary land law. The Supreme Court of Canada considered the doctrine of laches and acquiescence in Manitoba Metis Federation Inc. v Canada (Atty. 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. 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. So once this “passive consent” crosses its 5 year statutory limit, you then cannot sue for infringement because you’ve lost your chance. The doctrine had been used to perform functions different from those which it has performed and is performing in English land law. 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 … 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. Recently in Make My Trip (India) Private Limited vs. Make My Travel (India) Private Limited CS(COMM) 889/2018, I.As. 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. (Budějovický Budvar, národní podnik v Anheuser-Busch, Inc., Case C-482/09, 3 February 2011.) The Court, in such cases would be justified in concluding that the defendant wanted to cash in on the plaintiff’s name and reputation. 6896/2018 & 8837/2018, the Hon'ble Delhi High Court discussed the 'doctrine of acquiescence" under the law on trade marks. Development in English Law. 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. 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 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. 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. One such adaptation is the subject of this article. This post aims to decode the concept of acquiescence with respect to trademark infringement with the help of the judicial opinions in this matter. LITTLE ROCK L. REV. Both the doctrines of acquiescence and waiver can be indicated by means of express words or by implied conduct. The doctrine of acquiescence is applied in cases of torts and contracts. 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. The acts of acquiescence which constitute an implied election, must be decided rather by the circumstances of each case than by any general principle. 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 doctrine of laches and acquiescence originated from the Latin maxim “Vigilantibus non dormientibus uitas subvenit meaning Equity aids the vigilant and not the indolent”. 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.”. 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. 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. The presentPatents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. recognition in modern cases of an emerging general doctrine of estoppel. 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. There is a great deal of case law in Ohio concerning acquiring title by adverse possession, but very little dealing with title by acquiescence. Gen.) 2013 SCC 14: “The equitable doctrine of laches requires a claimant in equity to prosecute his or her claim without undue delay. 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. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. The acquiescent tries to resist the defendant to his level best until the last resort. 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. 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. 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. 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. 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. Michigan law recognizes three kinds of acquiescence vis-à-vis boundary lines. The foundation for this doctrine was first laid down in English Law, in the case of Hughes v. Metropolitan Railway Co. [22] In the particular case, Hughes leased his land to Metropolitan Railway Company to carry out repair work. The doctrine of estoppel ... the plaintiff risks dismissal of the case. However, the scope of this section has been called into question on numerous occasions. Consent A furniture store sends a sample of a chair they are about to sell to a chair manufacturer. But, other times, it is used in the case law to refer to a legal doctrine: boundary by acquiescence or agreement. 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. It does not fix the specific limit, but considers the circumstances of each case. 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. There obviously cannot be any assumption of good faith in such cases as there is clear dishonesty on part of the defendant. Meaning of Estoppel. 1 Where acquiescence, unlike adverse possession which deals with title, deals with boundary lines and their physical location verses the deed description. This doctrine attempts to avoid injustice or harm to one party due to inconsistencies of another party. MakeMyTrip to its knowledge permitted continuous use by Hermes of the trademark GetMyTrip and domain name www.get-mytrip.com. The High Court of Australia’s decision in 2 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”. 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. Under the Doctrine of Acquiescence as well as the Maxim in Law which states that “silence shows consent” 6 Barb.[N.Y.] In adverse possession cases, the taking of land must be hostile to the title landowner's interest. The present case involved not only delay and laches but also acquiescence. 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. A lesser known doctrine (but a more common scenario) is the doctrine of acquiescence. 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 principle of doctrine of Estoppel is stated under Section 115 of the Indian Evidence Act, 1892. 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. LITTLE ROCK L. REV. Tweet on Twitter . The Law Dictionary for Everyone. content. Within that context, the term hostile means that a person possesses the land of another and intends to hold to a specific, recognizable … (c) Oxford University Press, 2015. 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 Doctrine of Acquiescence is identical with that of the Doctrine of Estoppel. For example, a new beer company is concerned that the proposed label for its beer … Khurana and Khurana . The doctrine of laches, however, is most concerned with the reasonableness of a delay in filing a legal action. 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. The defendants purchased their residential property on lot 3 in 1999. 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. 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. 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. Boundary by acquiescence is a doctrine similar to adverse possession. 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. 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. 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 doctrine of acquiescence is one important legal remedy that is extensively developed in Michigan cases involving uncertain boundaries. All Rights Reserved.date: 09 December 2020. 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. 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. There still remains ample ambiguity as to whether this doctrine can deny relief of permanent injunction. From: Oxford Public International Law (http://opil.ouplaw.com). Under the Doctrine of Acquiescence as well as the Maxim in Law which states that “silence shows consent” 6 Barb.[N.Y.] 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. September 7, 2015 by: Content Team. 199 (2010). However, the doctrine of acquiescence is expressed mostly by conduct. 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. ADVERTISEMENTS: 7. The Agreed-Boundary Doctrine: Acquiescence in Fence Location Does Not Establish New Property Boundary Line October, 2012 By Ronald L. Richman. The court of appeals sent the case back to the trial court to establish the definitive boundary line based upon acquiescence. 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. It concerns a consent tacitly conveyed by a State,... Users without a subscription are not able to see the full Acquiescence. 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. 2B, 35. 4. Acquiescence implies your passive consent to allow another person to use your registered TM despite knowing that someone else is using your TM. The infringer has acted upon such act or omission to the detriment of the rights holder. 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 … Having said that, one can’t have the cake and eat it too! 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. Compulsory Licensing In India. So instead of sitting on your rights, it would be advisable if you took some “discouraging” action against the infringer in such cases. 2. Sometimes, it is applied even to the Fundamental Rights. Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum. All Legal Terms; Family & Estate Planning; Business & Real Estate; Civil Law; Criminal Law; Legislation; Case Briefs; Doctrine of Laches. 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