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.
3 results
for “Acquiescence”
Amritdhara Pharmacy v. Satya Deo Gupta
Deceptive similarity between trade marks must be assessed by comparing the marks as a whole for their overall phonetic, visual and structural resemblance, from the standpoint of a person of average intelligence and imperfect recol…
AcquiescenceDeceptive SimilarityHonest Concurrent UseImperfect RecollectionTrade MarksDaimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan
A trade mark that has attained an extraordinary worldwide reputation is entitled to protection against use on entirely unrelated goods, since such unauthorised use dilutes and demeans the distinctiveness of the mark; delay or hone…
Delay And AcquiescenceDilutionPassing OffTrademark InfringementTrade 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 User