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”
UTV 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 InfringementPatentsVifor (International) Ltd. & Anr. v. MSN Laboratories Pvt. Ltd. & Anr.
A product-by-process claim protects the novel product itself where the product cannot otherwise be defined by its structural features, and obtainable by language in such a claim is descriptive rather than limiting; infringement is…
Claim ConstructionInterim InjunctionNoveltyPharmaceutical PatentDesignsWhirlpool 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 OffTrade MarksYahoo!, Inc. v. Akash Arora & Anr.
A domain name is capable of functioning as a trade mark and business identifier, and its use by another in a manner deceptively similar to a prior user's trade mark or domain name, likely to confuse an average internet user, is ac…
CybersquattingDeceptive SimilarityDomain NamesOnline InfringementCopyrightYash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions & Ors.
The idea-expression dichotomy protects only a generic theme and not its particularised expression; where a subsequent film reproduces the specific sequence of plot events, character arcs and dramatic situations of an earlier film …
Cinematograph FilmCopyright InfringementFilm And OTT ContentIdea-Expression Dichotomy