The doctrine of delay and latches being an equitable one is based on the principle of equity that is one who comes to equity must come with clean hands. 2. But in case of estoppel mere silence may give rise to an estoppel. 6896/2018 & 8837/2018, the Hon’ble Delhi High Court discussed the ‘doctrine of acquiescence” under the law on trade marks. In other words, the three affirmative defenses all prevent someone from going back on their word. In Harcourt v. White Sr. John Romilly said: It is important to distinguish mere negligence and acquiescence. Dealt from Section 115 to 117 of the Indian Evidence Act, 1872 Doctrine of Estoppel is that provision which prohibits a person from giving false evidence by preventing them from making contradicting statements in a Court of Law. At the same time before awarding patent for any invention it has to be considered that the invention must be novel, must involve an inventive step and must have industrial application. Passive conduct on the part of one who has knowledge of the facts may be the basis of estoppel. Equitable estoppel, waiver, and ratification all stop a person from reneging or taking legal action that conflicts with previous conduct or behavior. The principle of acquiescence would apply where: (i) sitting by or allowing another to invade the rights and spending money on it; (ii) it is a course of conduct inconsistent with the claim for HELD: (1) The words of the In law, both acquiescence and estoppel are factors that bar an encroachment action. The Plaintiff argued that Defendant's fourth affirmative defense, which includes "laches, waiver, estoppel, and acquiescence," is "improper, confusing and fails to give Plaintiff fair notice. Inventions pertaining to microorganisms and other Biological material were subjected to product patent in India unlike many developed countries. Restoration period to be counted from date of removal from Register not from due date of renewal, Injunction can also be sought in case of threatened use of a Trademark, Amendment of claims in infringement Suit not permissible without amending the plaint even if such amendment has been allowed in some earlier suit, In Re: BERNARD L. BILSKI; United States Court of Appeals for the Federal Circuit lays down mahcine transformation test for business method patents, One of the oldest Judgments related to denial of Copyright in Design for prior use passed by Kolkata High Court, Delhi High Court held no exclusive rights over descriptive/ common words, Delhi High Court on Appeal held that suit once instituted by a litigant, has to be disposed of strictly as per the procedure prescribed in the Code and not in a cursory or summary fashion. As it is most commonly described, estoppel is a rule of international law that bars a party from going back on its previous representations when those representations have induced reliance or some detriment on the part of others. ‘Final decision’ is seen in the waiver. One of the most common examples of waiver occurs where a landlord allows the tenant to remain in possession of the leased premises, despite having knowledge of a default that would allow the landlord to terminate the lease. Generally, this doctrine comes into play at the last stage, and finally puts the full stop to a contractual obligation or tortuous liability. 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. Khoday Distilleries Limited hereinafter “Khoday” was a company incorporated under the Companies Act, 1956 and manufactured whisky under the mark “Peter Scot” since May, 1968. Where such doctrine applies, the proprietor of later trademark is not entitled to oppose use of the earlier registered mark or exploitation of the earlier right. Mumbai High Court (DB) held that mere posting of the letter on website does not constitute communication of objection as required by rule 38(4) under the Trademark Rules. 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 … 5 Lakhs on Appellant, Supreme Court allows appeal of Entertainment Network (India) Ltd. owner of FM Radia “Radio Mirchi” against M/s Super Cassette Industries Ltd owner of “T-Series” and refers matter back to Copyright Board for compulsory license, Supreme Court of India, Appeal against Pre Grant opposition order to be heard by High Court though Patent Act amended and IPAB came into existence, Delhi High Court declines Cadila Healthcare's plea to restrain use of 'Sugar Free', Supreme Courts Bars Challenge To “Peter Scot” On Principles Of Acquiescence And/ Or Waiver, Supreme Court allowed temporary breather against criminal prosecution for “lakhani” for false lodging complaint under copyright as well as trademark act, Passing off action can be instituted in case of Registered Design, but a composite suit for infringement and passing off of design would not lie, Delhi High Court vacated interim injunction and directs defendants to maintain accounts of manufacture, sale and supply, United States Patents and Trademarks Office has awarded “MIGHTY MOUSE” trademark to Man & Machine causing Apple to Abandon it for its products, No balance of convenience or irreparable loss Chennai High Court set aside Injunction granted by Single Judge of High Court, In four clubbed cases by Microsoft Corporation against different defendants Delhi High Court allowed ex parte stay and directed Microsoft to pay cost security in case allegations of copyright piracy found speculative. 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