The defence of acquiescence in disputes over trademarks

“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.

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