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.
41 results
for “Registration”
N.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 ReputationTrade MarksNandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.
Registration in a particular class of goods does not confer a monopoly over the entire class; likelihood of confusion under Section 11 must be assessed by the real nature and target consumers of the competing goods, and honest, lo…
ClassificationDeceptive SimilarityDissimilar GoodsHonest Concurrent UseDesignsNEC Corporation & Ors. v. The Controller of Patents and Designs & Anr.
A graphical user interface is not per se excluded from registration as a design under Sections 2(a) and 2(d) of the Designs Act, 2000; the requirement that a design be applied to an article by an industrial process must be constru…
Copyright Design OverlapDesign RegistrationDigital PlatformsNoveltyTrade MarksNeon Laboratories Ltd. v. Medical Technologies Ltd. & Ors.
Under Section 34 of the Trade Marks Act, 1999, actual continuous prior use of a mark in the market prevails over a rival's earlier-dated application for registration where the registrant remained inactive for a prolonged period; t…
Deceptive SimilarityNon-usePassing OffPrior UserTrade MarksNew Balance Athletics Inc. v. Astormueller AG and Ors.
Registration of a mark is no defence to a passing off action, since rights under Section 27(2) are independent of and override the bar in Section 28(3) on one registered proprietor suing another for infringement. Registration mere…
Anti-Dissection RuleDeceptive SimilarityInitial Interest ConfusionPassing OffCopyrightOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Copyright)
A defendant cannot defend a copyright infringement suit on the basis of a registration that has been cancelled by an unchallenged rectification order which found the artistic work to be a copy of the plaintiff's pre-existing get-u…
Artistic WorkColourable ImitationCopyright RectificationLabel DesignTrade MarksOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Trade Marks)
Where a coordinate bench, following an unchallenged rectification order, has found the mark in question deceptively similar to the plaintiff's registered mark, the defendant has no real prospect of successfully defending the infri…
Deceptive SimilarityPassing OffPharmaceutical MarksPrior UseTrade MarksParle Products Pvt. Ltd. v. The Registrar of Trade Marks & Anr.
Where two parties file competing applications for registration of an identical or deceptively similar trade mark on a proposed-to-be-used basis, priority for registration under Section 18 of the Trade Marks Act, 1999 is determined…
Approbation and ReprobationPrior RegistrationPriorityProposed to be UsedDesignsReckitt Benckiser (India) Ltd. v. Wyeth Ltd.
Prior publication of a design under Section 4(b) of the Designs Act, 2000 requires that the design, as applied to a specific article, be disclosed to the public with sufficient visual clarity to enable a person to perceive its sha…
CancellationDesign RegistrationNoveltyPrior PublicationTrade MarksRenaissance Hotel Holdings Inc. v. B. Vijaya Sai & Ors.
Section 29(4) of the Trade Marks Act applies only to marks used on dissimilar goods or services and cannot be invoked where the defendant's goods or services are identical to those of the registered proprietor, which instead falls…
Deceptive SimilarityDilutionSection 29(4)Trademark Infringement