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.
12 results
for “Damages”
Amar Nath Sehgal v. Union of India & Anr.
The special or moral rights of an author under Section 57 of the Copyright Act, 1957 are independent of the economic rights of copyright and survive assignment of the work; they protect the author's personality, honour and reputat…
Artistic WorkAssignment And LicensingCultural HeritageIntegrity RightOtherAmitabh Bachchan v. Rajat Nagi & Ors.
A celebrity's publicity rights in his name, image and persona may be enforced through an omnibus injunction that binds not only named defendants but extends to blocking directions against telecom and internet intermediaries, where…
Domain NamesDynamic InjunctionOnline InfringementPersonality RightsPatentsBishwanath Prasad Radhey Shyam v. Hindustan Metal Industries
An improvement on a device or process already known must involve more than a routine workshop improvement; it must independently satisfy the tests of novelty and inventive step by producing a new result, a new article, or a better…
Inventive StepNoveltyObviousnessPatent RevocationDesignsCrocs Inc USA v. M/s Bata India Ltd and Ors.
In commercial litigation, costs ordinarily follow the outcome of the case, and the successful party is awarded actual and reasonable litigation expenses. Parties pursuing commercial disputes must bear the financial consequences of…
Actual CostsCancellation of DesignDesign InfringementIndustrial DesignOtherD.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors.
Every individual, and particularly a celebrity, possesses an enforceable right of publicity in the commercial value of his persona, including name, likeness, voice, style and mannerisms, which can be licensed to a corporate entity…
Character MerchandisingFalse EndorsementPassing OffPersonality RightsPatentsF. Hoffmann-La Roche Ltd. & Anr. v. Cipla Ltd.
A patent claim for a chemical compound is not to be narrowed to a specific polymorphic or crystalline form merely because the specification discusses particular polymorphs, where the claim itself is drafted broadly to cover the co…
Claim ConstructionPatent InfringementPharmaceutical PatentPolymorphPatentsFMC Corporation & Ors. v. Natco Pharma Limited
In a quia timet action under Sections 48 and 108 concerning a soon-to-expire patent, where the defendant has raised a substantial, non-frivolous challenge to validity through a pending revocation petition and has already commenced…
Interim InjunctionNoveltyPatent InfringementPrior ArtPatentsKoninklijke Philips N.V. v. Maj. (Retd.) Sukesh Behl & Anr.
A defendant cannot avoid liability for infringing a standard essential patent by pointing to the existence of obligations to license on fair, reasonable and non-discriminatory terms; once essentiality and infringement are establis…
DamagesFRANDPatent InfringementSection 3(k)Trade MarksMarriott 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 InfringementCopyrightOpella 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 Design