Federal Court holds acquiescence may preclude a trademark owner from obtaining relief where it has consented to a breach of its rights and the breaching party has detrimentally relied on that consent. Importantly, mere delay is insufficient to establish a defence of acquiescence. Rather, the trademark owner must do something to encourage the wrongdoer, and the wrongdoer must act to its detriment in reliance on that encouragement.
Blossman Gas, Inc. v. Alliance Autopropane Inc., 2022 FC 1794