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.
8 results
for “Interim Injunction”
ANI Media Pvt. Ltd. v. Open AI OpCo LLC
An Indian court has jurisdiction if the plaintiff's principal place of business is in India, or if the defendant targets Indian users, even when the defendant's servers are located abroad. Even temporarily storing a copyrighted wo…
Artificial IntelligenceCopyright Fair DealingCopyright InfringementJurisdictionDesignsCrocs 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 DesignTrade MarksHavells India Limited & Anr. v. Havai Home Products Pvt. Ltd. & Ors.
Even a registered proprietor may be restrained from using a trade mark where the ingredients of passing off are established. Section 27(2) preserves the common-law remedy of passing off notwithstanding the statutory rights arising…
Anti-Dissection RuleDeceptive SimilarityDishonest AdoptionPassing OffTrade 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 OffCopyrightOpella 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 DesignTrade MarksOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Trade Marks)
Where a coordinate bench, following an unchallenged rectification order, has found the mark in question deceptively similar to the plaintiff's registered mark, the defendant has no real prospect of successfully defending the infri…
Deceptive SimilarityPassing OffPharmaceutical MarksPrior UseCopyrightSaregama India Ltd. v. Black Madras Films & Ors.
Copyright in a musical composition is distinct from copyright in the sound recording and cinematograph film in which the composition is incorporated. The composer, as author of the musical work, retains copyright in the musical co…
Assignment of RightsCinematograph FilmComposerLiterary and Musical WorksTrade 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 InjunctionPANTOCID