When faced with a claim of trade mark infringement, a defendant might avoid or minimise liability if it can establish the equitable defence of acquiescence. A defensive claim of acquiescence may be available where the trade mark owner has affirmatively represented to the defendant that the mark at issue may be used and the defendant relies on that representation to its prejudice. In general, an acquiescence defence requires that a defendant satisfy three elements, namely: (1) it received assurances from the plaintiff that the defendant could use the mark; (2) it relied on such assurances; and (3) it would experience undue prejudice if it now had to cease use of the mark.