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.
4 results
for “well-known trademark”
Columbia Pictures Industries, Inc v. Registrar of Trade Marks & Anr.
Section 11(2) does not require a mark to have been formally declared well-known before its proprietor can invoke that status to oppose a similar or identical mark on dissimilar goods; it is enough that the mark is, in substance, e…
Bad Faith AdoptionCross-class ProtectionOppositionRemandTrade MarksIndustria De Diseno Textil, S.A. v. Registrar of Trade Marks & Anr.
Section 11(2) does not require an earlier mark to have a formal declaration of well-known status before its owner can oppose a later mark; the provision only requires that the mark is well known. The term 'entitled' in Explanation…
Anti-Dissection RuleBad FaithDeceptive SimilarityPhonetic SimilarityTrade 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 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