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June 5, 2013 2:48 am at 2:48 am
#957419
popa_bar_abba
Participant
I read those cases to stand for the principle that if the use is originally permissive, there must be “some distinctive and decisive act on [plaintiffs’] or [their] predecessors’ part indicating an exercise of exclusive right sufficient to notify the owner of the user and of the claim of right”.
So if the use here was permissive originally, you’d need that, sure. But if it wasn’t permissive, then you wouldn’t.