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 … The court of appeals sent the case back to the trial court to establish the definitive boundary line based upon acquiescence. Both the doctrines of acquiescence and waiver can be indicated by means of express words or by implied conduct. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Michigan law recognizes three kinds of acquiescence vis-à-vis boundary lines. 8. 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 Agreed-Boundary Doctrine: Acquiescence in Fence Location Does Not Establish New Property Boundary Line October, 2012 By Ronald L. Richman. 2B, 35. The defendants purchased their residential property on lot 3 in 1999. 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 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- Within that context, the term hostile means that a person possesses the land of another and intends to hold to a specific, recognizable … 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. recognition in modern cases of an emerging general doctrine of estoppel. 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. 199 (2010). It does not fix the specific limit, but considers the circumstances of each case. 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. 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. September 7, 2015 by: Content Team. The doctrine of acquiescence is one important legal remedy that is extensively developed in Michigan cases involving uncertain boundaries. 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. 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. 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. But, other times, it is used in the case law to refer to a legal doctrine: boundary by acquiescence or agreement. 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. 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 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. LITTLE ROCK L. REV. The principle of doctrine of Estoppel is stated under Section 115 of the Indian Evidence Act, 1892. By Lynn Foster and J. Cliff McKinney, II | 33 U. ARK. The doctrine of acquiescence is applied in cases of torts and contracts. 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. 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