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.
2 results
for “Prior User”
Trade Marks
New 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 MarksTV Today Network v. Saurashtra Aaj Tak & Anr.
In a passing-off action the focus is on protecting the goodwill of the earlier user from a later use that is likely to create confusion or an impression of association. Actual confusion or loss need not always be proved; likelihoo…
AajTakDeceptive SimilarityDisclaimerGoodwill