24.09.2020 Uncategorized 0. Acquiescence definition is - passive acceptance or submission : the act of acquiescing or the state of being acquiescent. 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. What is Acquiescence to a Boundary Line? Under the law, the equitable defenses of “laches” and “acquiescence” can be used to avoid liability in such cases. In Hindustan Pencils Private Limited v. India Stationary Products,the question of delay and acquiescence was dealt elaborately with. Acquiescence to a property line can arise in three fact scenarios. Both parties agreed that silence could amount only to acquiescence, in the context of estoppel by acquiescence, where there was a 'duty to speak'. 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 second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. 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 … The term also indicates, implicitly or explicitly, that nothing will be done about the infringing action. Define acquiescence. is a formal memorandum prepared by the IRS Office of Chief Counsel that announces the future litigation position the IRS will take with regard to [a] court decision" (From the IRS website). "An Action on Decision (A.O.D.) The law relating to acquiescence is well established. Acquiescence — is the term used to describe an act of a person in knowingly standing by without raising any objection to infringement of his rights, when someone else is unknowingly and honestly putting in his resources under the impression that the said rights … Wikipedia. The Doctrine of Acquiescence is identical with that of the Doctrine of Estoppel. 3. acquiescence synonyms, acquiescence pronunciation, acquiescence translation, English dictionary definition of acquiescence. Recently in Make My Trip (India) Private Limited vs. Make My Travel (India) Private Limited CS(COMM) 889/2018, I.As. However, the doctrine of acquiescence is expressed mostly by conduct. Acquiescence in the Business Encyclopaedia and Legal Adviser. ... Law. n. 1. 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. acquiescence — ⇒ACQUIESCENCE failure to take legal proceedings, thereby implying the abandonment of a … Under trademark law, acquiescence means the failure to take action against infringing parties. Acquiescence is considered by intellectual property law to represent active consent to use the trademark if you, as the trademark owner, actively asserted that you would not take legal action, took an inexcusable amount of time to assert your right or claim, and the cessation of use of the trademark by the defendant would cause them undue prejudice. Laches arises when a plaintiff has “unreasonably and inexcusably delayed” in bringing a cause of action and the delay has prejudiced the defendant. Actions on Decisions (A.O.D.s) are publicly available from the IRS, but are not an official publication. Based on the Business Encyclopaedia and Legal Adviser , by W.S.M. Doctrine of Acquiescence 1. Law is our Passion. Acquiescence is a legal concept that determines the boundary line between two properties and overrules the boundary listed in the deeds. The defence of acquiescence can be allowed if the defendant proves that there was prior knowledge and negligence on the part of the plaintiff and that the plaintiff failed to act for a … 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. Acquiescence is not the same as Laches, a failure to do what the law requires to protect one's rights, under circumstances misleading or prejudicing the person being sued. The equitable defence of laches and acquiescence serve to protect parties from claims were either by the lengthy delay in proceeding with the claim, a plaintiff’s conduct, a defendant’s reliance, or a combination of any one or more, cause it to be inequitable to permit the plaintiff to pursue his or her claim. Share. In this case, good faith basically means lack of knowledge on part of the infringer of the existence of the mark infringed by him. Learn more. Law dictionary. In Hodgdon Powder, Justice Murguia wrote: "Acquiescence denotes active consent to use of a trademark. The term must have attached to it a very different signification, according to whether the acquiescence alleged occurs while the act acquiesced in is in progress, or only after it has been completed. 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. Passive assent or agreement without protest. Anderson v. Fautin, 2016 UT 22, 379 P.3d 1186 (Utah 2016). Both the doctrines of acquiescence and waiver can be indicated by means of express words or by implied conduct. How to use acquiescence in a sentence. 2. 2. They are directed at specific litigation. Trademark Law. The requisites of such acquiescence may be listed thus: (i) a mistaken belief by the party pleading acquiescence; (ii) silence when there is a duty to correct this mistake by the party against whom acquiescence is pleaded, such silence amounting to a representation It was held that there should be a positive act or an express assent on the part of the right holder to claim the defense of acquiescence. 6896/2018 & 8837/2018, the Hon'ble Delhi High Court discussed the 'doctrine of acquiescence" under the law on trade marks. acquiescence definition: 1. the act of accepting or agreeing to something, often unwillingly: 2. the act of accepting or…. This entry about Acquiescence has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Acquiescence entry and the Encyclopedia of Law are in each case credited as the source of the Acquiescence entry. If the law of acquiescence applies, one property owner loses title to some amount of land and the other property owner gains it. The Utah Supreme Court has held that an owner can obtain property "by acquiescence" if the owner occupies a strip of the neighbor's land in a visible manner without objection. 0 Likes. A-a person has a right over a […] Knight, Barrister –at – Law.. Acquiescence is a form of estoppel. Acquiescing can lead to … Acquiescence relates to inaction during the performance of an act. Facebook; Twitter; Google+; LinkedIn; Jr. 371; 12 Ves. It has long been the case that when a patent examiner makes a rejection, and the applicant responds by amending the claim or making a disclaimer, such actions may bar the applicant from later questioning the merits of the examiner's rejection. In the law of intellectual property, acquiesence of another's use of a trademark can prevent legal action for damages or a cessation of subsequent use. Doubt or dispute about where the boundary is between two parcels of land is a complex area of Michigan real estate law that involves many different legal theories. This entry about Acquiescence has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Acquiescence entry and the Encyclopedia of Law are in each case credited as the source of the Acquiescence entry. Acquiescence is a legal doctrine which a court may apply to resolve a boundary dispute. The law of acquiescence is concerned with adjoining property owners, both of whom are mistaken about where the line between their property is. acquiescence in law. DOCTRINE OF ESTOPPEL BY ACQUIESCENCE OR WAIVER FOR INFRINGEMENT. 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