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.
3 results
for “Trade Name”
Laxmikant 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 MarksRenaissance Hotel Holdings Inc. v. B. Vijaya Sai & Ors.
Section 29(4) of the Trade Marks Act applies only to marks used on dissimilar goods or services and cannot be invoked where the defendant's goods or services are identical to those of the registered proprietor, which instead falls…
Deceptive SimilarityDilutionSection 29(4)Trademark InfringementTrade 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 User