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.
65 results
for “Infringement”
FMC Corporation & Ors. v. Natco Pharma Limited
In a quia timet action under Sections 48 and 108 concerning a soon-to-expire patent, where the defendant has raised a substantial, non-frivolous challenge to validity through a pending revocation petition and has already commenced…
Interim InjunctionNoveltyPatent InfringementPrior ArtTrade MarksHavells India Limited & Anr. v. Havai Home Products Pvt. Ltd. & Ors.
Even a registered proprietor may be restrained from using a trade mark where the ingredients of passing off are established. Section 27(2) preserves the common-law remedy of passing off notwithstanding the statutory rights arising…
Anti-Dissection RuleDeceptive SimilarityDishonest AdoptionPassing OffTrade MarksHavells India Ltd. & Anr. v. Amritanshu Khaitan & Ors.
In comparative advertising, a trader may compare one or more material, relevant and verifiable features of its product with a competitor's, including price, without being obliged to disclose every attribute of the rival's goods; f…
Comparative AdvertisingDisparagementHonest PracticesSection 29(8)PatentsInterDigital Technology Corporation & Ors. v. Xiaomi Corporation & Ors.
An Indian court may grant an anti-enforcement or anti-anti-suit injunction restraining a party from giving effect to a foreign anti-suit order that seeks to prevent litigation of patent infringement claims properly within the Indi…
Anti-Anti-Suit InjunctionComity Of CourtsCross-Border LitigationFRANDTrade MarksITC Limited v. Nestle India Limited
Common, laudatory or descriptive expressions used across an industry to denote the flavour or quality of a product cannot be monopolised by a single trader as a trade mark, even where that trader was the first to use the expressio…
Descriptive MarksGeneric MarksGoodwillPassing OffOtherJaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors.
A celebrity's personality and publicity rights extend to protection against commercial exploitation of name, image, voice and mannerisms, including through an unlicensed artificial-intelligence chatbot or distorted video content; …
AI And DeepfakesFreedom Of SpeechParodyPersonality RightsTrade MarksKaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories
An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…
Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringementPatentsKoninklijke Philips N.V. v. Maj. (Retd.) Sukesh Behl & Anr.
A defendant cannot avoid liability for infringing a standard essential patent by pointing to the existence of obligations to license on fair, reasonable and non-discriminatory terms; once essentiality and infringement are establis…
DamagesFRANDPatent InfringementSection 3(k)CopyrightKrishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.
The title of a literary, dramatic or cinematographic work, being ordinarily a short combination of common words, is not by itself a work in which copyright can subsist under Section 13(1)(a) of the Copyright Act, 1957, since it la…
Copyright InfringementIdea-Expression DichotomyLiterary WorkOriginalityTrade MarksMarico Limited v. Agro Tech Foods Limited
A trade mark consisting of ordinary descriptive words remains vulnerable to a competitor's bona fide descriptive use under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999, notwithstanding registration; such a mark attains pr…
Descriptive MarksDistinctivenessGeneric MarksPassing Off