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”
S. Syed Mohideen v. P. Sulochana Bai
Under the scheme of the Trade Marks Act, 1999, the rights of a prior user of a trade mark are superior to the rights flowing from registration, and the statutory remedy of passing off under Section 27(2) remains available to a pri…
Deceptive SimilarityGoodwillPassing OffPrior UserCopyrightSanjay Soya Pvt. Ltd. v. Narayani Trading Company
Copyright registration under the Copyright Act, 1957 is not mandatory to institute or maintain a suit for infringement; copyright subsists automatically in an original work upon its creation, and Sections 44, 45 and 48 merely crea…
Artistic WorkCopyright InfringementCopyright RegistrationEvidentiary PresumptionGeographical 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 MarksSnapdeal Private Limited v. GoDaddy.com LLC & Ors.
A domain name registrar that sources alternative domain names from a common registry through an automated algorithm is an intermediary under Section 2(1)(w) of the Information Technology Act, 2000; merely making such domain names …
CybersquattingDomain NamesIntermediary LiabilityOnline InfringementDesignsSteelbird Hi-Tech India Ltd. v. S.P.S. Gambhir & Ors.
An ex parte interim injunction restraining an alleged infringer of a registered design must be vacated where the defendant demonstrates a credible prima facie case that the design feature relied upon was already common to the trad…
CancellationDesign InfringementDesign RegistrationNoveltyTrade MarksSun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals Ltd. & Ors.
Mere delay in approaching the Court is not, by itself, sufficient to refuse an injunction, particularly in the pharmaceutical field where confusion between similar marks may also affect public interest.
Deceptive SimilarityDelayInterim InjunctionPANTOCIDGeographical IndicationsTea Board, India v. ITC Limited
A certification trade mark or geographical indication registered for a good protects only that good and does not, without more, extend to use of the certified word for unrelated services; an infringement action under the Geographi…
Certification Trade MarkDilutionGeographical IndicationLimitationTrade MarksToyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. & Ors.
The law of passing off in India is governed by the territoriality doctrine, under which a plaintiff must prove actual goodwill and reputation for its mark among a substantial section of purchasers within the Indian market at the r…
GoodwillPassing OffPrior UserTransborder ReputationCopyrightUTV Software Communications Ltd. & Ors. v. 1337X.to & Ors.
Where a website's predominant purpose is to facilitate copyright infringement on a commercial scale, evidenced by disregard for takedown notices, anonymised registration and the volume of infringing content, courts may declare it …
Copyright InfringementDigital PlatformsDynamic InjunctionOnline InfringementDesignsWhirlpool of India Ltd. v. Videocon Industries Ltd.
In an action for design piracy under the Designs Act, 2000, infringement is tested by comparing the overall visual impression of the two articles judged solely by the eye; a defendant's own subsequent design registration for a sim…
Deceptive SimilarityDesign InfringementDesign PiracyPassing Off