Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
4 results
· Section 22 · designs-act-2000
Carlsberg Breweries A/S v. Som Distilleries and Breweries Ltd.
A single suit combining a cause of action for infringement of a registered design with a cause of action for passing off is maintainable under Order II Rule 3 of the Code of Civil Procedure, 1908 where both claims flow from the sa…
Composite SuitCopyright Design OverlapDesign InfringementPassing OffDesignsDiageo Brands B.V. & Anr. v. Alcobrew Distilleries India Pvt. Ltd.
The test for infringement of a registered design under Section 22 of the Designs Act, 2000 is whether the design, viewed by an instructed or knowledgeable observer aware of the prior art, is identical or an obvious or fraudulent i…
Design InfringementFunctionalityNoveltyScope Of Design ProtectionDesignsMohan Lal, Proprietor of Mourya Industries v. Sona Paint & Hardwares
Design infringement under the Designs Act, 2000 and passing off are separate causes of action resting on different rights, standards and defences; since a registered design is a time-bound statutory monopoly that enters the public…
Composite SuitCopyright Design OverlapDesign InfringementDesign RegistrationDesignsWhirlpool of India Ltd. v. Videocon Industries Ltd.
In an action for design piracy under the Designs Act, 2000, infringement is tested by comparing the overall visual impression of the two articles judged solely by the eye; a defendant's own subsequent design registration for a sim…
Deceptive SimilarityDesign InfringementDesign PiracyPassing Off