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 “Registered Trade Mark”
Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. & Ors.
The Direct Selling Guidelines, 2016, being advisory executive instructions without the force of law, cannot bind e-commerce platforms. Once goods bearing a registered trade mark have been put on the market with the proprietor's co…
E-commerceExhaustion Of RightsIntermediary LiabilityOnline InfringementOtherJaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors.
A celebrity's personality and publicity rights extend to protection against commercial exploitation of name, image, voice and mannerisms, including through an unlicensed artificial-intelligence chatbot or distorted video content; …
AI And DeepfakesFreedom Of SpeechParodyPersonality RightsTrade MarksKaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories
An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…
Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringementTrade MarksLaxmikant V. Patel v. Chetanbhai Shah & Anr.
A trading or business name, though not a registered trade mark, is protectable in a passing off action once it has acquired goodwill through use; the tort protects established business reputation rather than the name itself, and n…
GoodwillInterim InjunctionPassing OffPersonal Name MarksTrade 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 MarksS. Syed Mohideen v. P. Sulochana Bai
Under the scheme of the Trade Marks Act, 1999, the rights of a prior user of a trade mark are superior to the rights flowing from registration, and the statutory remedy of passing off under Section 27(2) remains available to a pri…
Deceptive SimilarityGoodwillPassing OffPrior UserGeographical IndicationsScotch Whisky Association & Anr. v. Pravara Sahakari Shakar Karkhana Ltd.
Reputation and goodwill in a geographical class name vest collectively in the genuine producers of that class of goods, entitling any of them to restrain, by a passing off action, a trader who uses get-up, imagery or descriptive w…
Deceptive SimilarityExtended Passing OffGeographical IndicationPassing OffTrade MarksSnapdeal Private Limited v. GoDaddy.com LLC & Ors.
A domain name registrar that sources alternative domain names from a common registry through an automated algorithm is an intermediary under Section 2(1)(w) of the Information Technology Act, 2000; merely making such domain names …
CybersquattingDomain NamesIntermediary LiabilityOnline InfringementTrade 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 InjunctionPANTOCIDTrade MarksTata Sons Ltd. v. Greenpeace International & Anr.
Use of a registered trade mark in a non-commercial context, for the purpose of parody, satire or criticism of the proprietor's conduct, does not amount to infringement or dilution under Section 29(4) of the Trade Marks Act, 1999, …
Comparative AdvertisingDilutionFreedom Of SpeechParody