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.
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Case notes prepared by the Ragulika IP team, each linked to the judgment on the court’s website.
ADS Spirits Pvt. Ltd. v. The Registrar of Trade Marks
Section 9(1)(a) of the Trade Marks Act, 1999 proscribes registration only where a mark is devoid of distinctive character, that is, incapable of distinguishing the goods or services of one person from those of another; it does not…
Absolute Grounds for RefusalArbitrary MarkDistinctivenessNon-speaking OrderTrade MarksAmrit Singh Mehta trading as Mehta Cosmetics v. Controller General of Patents, Designs and Trade Marks
Where a trade mark is registered after its normal renewal date, the proprietor is entitled to a six-month period from the actual date of registration to seek renewal. Further, a trade mark cannot be removed for non-renewal without…
Form O-2Form O-3Registration CertificateRemoval of TrademarkCopyrightANI Media Pvt. Ltd. v. Open AI OpCo LLC
An Indian court has jurisdiction if the plaintiff's principal place of business is in India, or if the defendant targets Indian users, even when the defendant's servers are located abroad. Even temporarily storing a copyrighted wo…
Artificial IntelligenceCopyright Fair DealingCopyright InfringementJurisdictionPatentsArray Biopharma Inc v. Deputy Controller of Patents and Designs
A combination of distinct and independent active drugs, each with its own chemical identity and mechanism, does not fall under the Section 3(d) bar for derivatives of known substances. Using phrases such as 'for simultaneous, sepa…
Inventive StepMethod of TreatmentPharmaceutical CombinationPrior ArtTrade MarksArun Kumar Gupta v. Registrar of Trade Marks
Issuance of notice in Form O-3 under Section 25(3) of the Trade Marks Act, 1999 is a mandatory pre-condition for removal of a trade mark from the Register on account of non-renewal. Mere expiry of registration or failure to file a…
Form O-3Mandatory NoticeRegistered ProprietorRemoval of TrademarkTrade MarksAshiana Ispat Limited v. Kamdhenu Limited & Ors.
A mere contractual promise to let someone adopt and use a mark is not the same as transferring ownership, where the contract makes ownership conditional on registration. Non-use of a mark for decades defeats a claim to common-law …
AssignmentDiscretionary OrderInterlocutory InjunctionLicenceTrade MarksColumbia Pictures Industries, Inc v. Registrar of Trade Marks & Anr.
Section 11(2) does not require a mark to have been formally declared well-known before its proprietor can invoke that status to oppose a similar or identical mark on dissimilar goods; it is enough that the mark is, in substance, e…
Bad Faith AdoptionCross-class ProtectionOppositionRemandDesignsCrocs Inc USA v. M/s Bata India Ltd and Ors.
In commercial litigation, costs ordinarily follow the outcome of the case, and the successful party is awarded actual and reasonable litigation expenses. Parties pursuing commercial disputes must bear the financial consequences of…
Actual CostsCancellation of DesignDesign InfringementIndustrial DesignPatentsDeepak Nitrite Limited v. The Assistant Controller General of Patents and Designs
It is wholly impermissible for the Controller, while exercising quasi-judicial powers under Section 15, to rely upon 'common general knowledge' as a self-sufficient ground for refusing a patent application without setting out and …
Common General KnowledgeFood Grade Sodium NitriteFree-FlowingImpurity ProfileCopyrightDr. Ashok M. Bhat v. Harichand Nagpal & Ors.
An injunction against use of a registered artistic work follows the artistic work onto any label, not merely the one impugned in the plaint. In Order XXXIX Rule 2A proceedings justification is no defence: so long as an order stand…
Contempt of InjunctionCounterfeitingExemplary CostsOrder XXXIX Rule 2ABrowse by Act and section
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