Acquiescence as a Defence in Trademark Injunction Lawsuits

Abstract

A person may lose his statutory right of injunction if there is inordinate delay or acquiescence in bringing an action of infringement. Acquiescence is sitting by, when another is invading the rights and spending money on it. It is a course of conduct inconsistent with 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. It has been held in many cases that where acquiescence is established or there is an inordinate delay in bringing an action for infringement of a trade-mark or passing off, the discretionary relief of injunction may be denied. However, there are instances where the Court has held that there may be an inordinate delay on the part of the plaintiff in bringing a suit for injunction, the application of the plaintiff for an interim injunction cannot be dismissed on the ground that the defendant has been using the mark for a number of years. This paper analyses the extent of defense available where the proprietor of the well-known mark has taken no action for a continuous period being aware about the infringement.