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.
4 results
for “Composite Marks”
Hamdard National Foundation (India) & Anr. v. Sadar Laboratories Pvt. Ltd.
While composite trade marks must be compared as a whole under the anti-dissection rule, it is permissible to examine a dominant or significant common element in determining the overall commercial impression, and a composite mark m…
Anti-Dissection RuleComposite MarksDeceptive SimilarityTrade DressTrade 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 OffTrade MarksRuston & Hornsby Ltd. v. Zamindara Engineering Co.
Where the essential or dominant feature of a defendant's mark is deceptively similar to a registered trade mark, the addition of a descriptive, geographical or laudatory word does not by itself cure the infringement; for marks tha…
Composite MarksDeceptive SimilarityDominant MarkInfringementTrade MarksUnder Armour, Inc. v. Aditya Birla Fashion & Retail Ltd.
Although composite marks must be compared in their entirety under the anti-dissection rule, a mark may contain a dominant element that contributes disproportionately to its overall commercial impression, and such a dominant elemen…
Anti-Dissection RuleComposite MarksDeceptive SimilarityDominant Mark