The Defence Of Acquiescence In Disputes Over Trademarks

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LexOrbis

Contributor

LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
"Equity aids the vigilant, not those who slumber on their rights" means a person who has been wronged must act promptly to preserve their rights.
India Intellectual Property
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"Equity aids the vigilant, not those who slumber on their rights" means a person who has been wronged must act promptly to preserve their rights. In the context of IP rights today, this maxim means that owners of intellectual property need to remain on their toes to protect their IP against unauthorized use. Failure to act at the right time may lead to ineffective enforcement of one's IP rights.

In a recent dispute involving two online travel websites, MakeMyTrip filed a suit against Orbit Corporate & Leisure Travels alleging trademark infringement. Initially, Delhi High Court restrained Orbit from using the mark GetMyTrip but the interim injection was later vacated on the basis of concealment of material facts and of acquiescence.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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