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.
7 results
· Section 27(2) · trade-and-merchandise-marks-act-1958
Acqua Minerals Limited v. Pramod Borse & Anr.
Registration of a domain name identical or deceptively similar to another's well-known trade mark, by a person having no legitimate connection with that mark and who seeks to profit from its transfer, amounts to bad faith cybersqu…
Bad Faith AdoptionCybersquattingDomain NamesPassing OffTrade MarksCadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.
In assessing deceptive similarity between trade marks for medicinal products, courts must apply a stricter standard than for ordinary goods because confusion can endanger public health, having regard to the nature of the marks, th…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPhonetic SimilarityTrade MarksDaimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan
A trade mark that has attained an extraordinary worldwide reputation is entitled to protection against use on entirely unrelated goods, since such unauthorised use dilutes and demeans the distinctiveness of the mark; delay or hone…
Delay And AcquiescenceDilutionPassing OffTrademark InfringementTrade MarksMilmet Oftho Industries & Ors. v. Allergan Inc.
In a passing off action concerning medicinal products with identical marks, prior use in the world market can prevail over a domestic company's later domestic use, since pharmaceutical trade and medical literature are internationa…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPrior UserTrade MarksN.R. Dongre & Ors. v. Whirlpool Corporation & Anr.
A passing off action does not depend on registration of the mark in the country where protection is sought, and the goodwill necessary to sustain such an action may be established through transborder reputation built up by adverti…
GoodwillInterim InjunctionPassing OffTransborder ReputationGeographical IndicationsScotch Whisky Association & Anr. v. Pravara Sahakari Shakar Karkhana Ltd.
Reputation and goodwill in a geographical class name vest collectively in the genuine producers of that class of goods, entitling any of them to restrain, by a passing off action, a trader who uses get-up, imagery or descriptive w…
Deceptive SimilarityExtended Passing OffGeographical IndicationPassing OffTrade MarksYahoo!, Inc. v. Akash Arora & Anr.
A domain name is capable of functioning as a trade mark and business identifier, and its use by another in a manner deceptively similar to a prior user's trade mark or domain name, likely to confuse an average internet user, is ac…
CybersquattingDeceptive SimilarityDomain NamesOnline Infringement