Equitable Estoppel

“[Equitable estoppel] applies both in law and in equity to deny a party the right to plead or prove an otherwise important fact--here, the act of infringement--because of something he has done or omitted to do.”
— Broadcast Music, Inc. v. Hearst/ABC Viacom Entertainment Services, 746 F. Supp. 320, 329 (S.D.N.Y. 1990)

“[In order for a defendant to prevail on a defense of equitable estoppel,] the defendant must have been misled into reasonably and justifiably believing that the plaintiff would not pursue his claims against the defendant.”
Encyclopedia Brown Prod., Ltd. v. Home Box Office, Inc., No. 91 Civ. 4092, 1998 WL 734355, at

“In a copyright action, “the plaintiff-copyright holder’s rights may be destroyed if the defendant shows that: a) the plaintiff knew of the defendant’s wrongful conduct; b) the plaintiff intended that his conduct be acted upon or acted in a way that the defendant had a right to believe it was so intended; c) the defendant was ignorant of the true facts; and d) the defendant relied on plaintiff’s conduct to his detriment.”
Encyclopedia Brown Prod., Ltd. v. Home Box Office, Inc., No. 91 Civ. 4092, 1998 WL 734355, at

“[The principles of estoppel] are most often applied to situations involving implied consent arising from inaction over a long period of time.”
— Love v. Kwitny, 706 F. Supp. 1123, 1131 (S.D.N.Y. 1989)

“Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it.”
— Section 1962(3) of the Code of Civil Procedure

“An estoppel arises where one party by concealment or false representation intentionally deceives another party as to the true state of the facts to the detriment of the second party.”
California State Board of Equalization v Coast Radio Prod, 1955

“Four elements must be present to establish the defense of estoppel: (1) The party to be estopped must know the facts; (2) he must intend that his conduct shall be acted on or must so act that the party asserting the estoppel has a right to believe it is so intended; (3) the latter must be ignorant of the true facts; and (4) he must rely on the former’s conduct to his injury.”
— California State Board of Equalization v. Coast Radio Products, 9 Cir., 228 F.2d 520, 525.

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