Legal Definitions - implied license by acquiescence

An implied license by acquiescence refers to a situation where permission to use someone else's property or rights is not explicitly granted in writing or verbally, but is understood to exist because the owner has observed the use over time and has not objected or taken action to stop it. Essentially, the owner's passive acceptance or failure to protest, despite being aware of the activity, leads to the assumption that permission has been given.

This type of license is temporary and can typically be revoked by the owner at any time, provided they give notice. It arises from the owner's inaction rather than an active agreement.

• Example 1: Neighborly Shortcut

  Imagine Ms. Rodriguez owns a house with a large backyard. Her neighbor, Mr. Henderson, starts regularly walking across a corner of Ms. Rodriguez's yard as a shortcut to reach the public park. Ms. Rodriguez sees Mr. Henderson doing this almost every morning for several months while she's having her coffee on the porch. She never says anything, puts up a fence, or posts "No Trespassing" signs. If Ms. Rodriguez suddenly decides to confront Mr. Henderson and demand he stop, he might argue that he had an implied license by acquiescence to use that path. Her consistent observation without objection led him to reasonably believe he had permission.

• Example 2: Unofficial Vendor Space

  A local artist, Leo, regularly sets up a small display table to sell his paintings outside a popular bookstore, "The Literary Nook," on busy Saturday afternoons. The bookstore owner, Ms. Davies, frequently walks past Leo's display, sometimes even chats with him about his art, and never asks him to leave or pay for the space. This continues for several months. If Ms. Davies suddenly decides she no longer wants Leo selling outside her store and tells him to pack up, Leo could argue that her consistent inaction and friendly interactions created an implied license by acquiescence for him to use that space.

• Example 3: Software Feature Use

  A small software development company, "InnovateTech," incorporates a specific user interface element into its new mobile application. This element bears a striking resemblance to a patented design owned by a much larger tech corporation, "GlobalSoft." GlobalSoft's legal team becomes aware of InnovateTech's app and its use of the similar element through market monitoring. However, instead of sending a cease-and-desist letter, GlobalSoft's CEO publicly praises InnovateTech's innovative approach in a tech magazine, and their legal department takes no action for over a year, even as InnovateTech's app gains significant market share. InnovateTech might later argue that GlobalSoft's awareness and prolonged inaction constituted an implied license by acquiescence for them to use that design element.