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”
Marriott Worldwide Corporation v. Hotel Marriot Prime & Anr.
Where a defendant fails to contest a commercial suit despite service and a subsisting interim injunction, a court may grant summary judgment under Order XIII-A of the Code of Civil Procedure without recording oral evidence; and a …
DamagesDeceptive SimilarityPassing OffTrademark InfringementDesignsMohan 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 RegistrationPatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent EligibilityCopyrightMRF Limited v. Metro Tyres Limited
Copyright in a cinematograph film under Section 13(1)(b) of the Copyright Act, 1957 is not defeated by the absence of the kind of originality required for literary or artistic works, and infringement under Section 14(d) is establi…
Cinematograph FilmComparative AdvertisingCopyright InfringementOriginalityCopyrightMy Space Inc. v. Super Cassettes Industries Ltd.
An internet intermediary hosting user-generated content is not liable for copyright infringement merely because its business model derives revenue from such content or because it performs format-shifting or indexing; it forfeits t…
Copyright InfringementDigital PlatformsIntermediary LiabilityOnline InfringementTrade 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 UseCopyrightPreity G. Zinta v. Google LLC & Ors.
When someone uses AI to create deepfakes or morphed content that distorts or alters how a performer's actual performance looks or sounds, without her consent, this violates her moral rights under Section 38-B of the Copyright Act.…
AI DeepfakesIntermediary LiabilityMoral Rights of PerformersPersonality RightsCopyrightR.G. Anand v. M/s Delux Films & Ors.
Copyright protects only the particular form of expression of an idea, theme, subject matter or plot, and never the idea itself. Substantial similarity of theme between two works is not infringement if the treatment, incidents and …
Copyright InfringementDramatic WorkIdea-Expression DichotomyOriginality