Principle of acquiescence

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..... the claim for exclusive rights in a trade mark, trade name etc. It implies positive acts; not merely silence or inaction such as is involved in laches. In Harcourt v. White Sr. John Romilly said: 'It is important to distinguish mere negligence and acquiescence.' therefore, acquiescence is one facet of delay. If the plaintiff stood by knowingly and let the defendants build up an important t .....

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..... k, trade name, etc. The delay by itself, however, may not be necessarily a ground for refusing to issue injunction. It was opined: The defence of acquiescence, thus, would be satisfied when the plaintiff assents to or lays by in relation to the acts of another person and in view of that assent or laying by and consequent acts it would be unjust in all the circumstances to grant the specific rel .....

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..... sentation, and he is not allowed to aver that the fact is otherwise than he represented it to be. Delay would be a valid defence where it has caused a change in the subject matter and action or brought about a situation in which justice cannot be done. KHODAY DISTILLERIES LIMITED (NOW KNOWN AS KHODAY INDIA LIMITED)- 2008 (5) TMI 701 - SUPREME COURT
Manuals, Ready reckoner, Law and practi .....

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