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IP Lex · Indian IP case law

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.

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11 results

for “Likelihood of Confusion”

Trade Marks

Amritdhara Pharmacy v. Satya Deo Gupta

Supreme Court of India · AIR 1963 SC 449

Deceptive similarity between trade marks must be assessed by comparing the marks as a whole for their overall phonetic, visual and structural resemblance, from the standpoint of a person of average intelligence and imperfect recol…

AcquiescenceDeceptive SimilarityHonest Concurrent UseImperfect Recollection
Trade Marks

Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.

Supreme Court of India · (2001) 5 SCC 73

In assessing deceptive similarity between trade marks for medicinal products, courts must apply a stricter standard than for ordinary goods because confusion can endanger public health, having regard to the nature of the marks, th…

Deceptive SimilarityPassing OffPharmaceutical TrademarkPhonetic Similarity
Trade Marks

Corn Products Refining Co. v. Shangrila Food Products Ltd.

Supreme Court of India · AIR 1960 SC 142

In opposition proceedings, the reputation of a trade mark for assessing likelihood of confusion attaches to the mark itself and not merely to the reputation of the proprietor; deceptive similarity may be found even between goods t…

Deceptive SimilarityGoods Of Same DescriptionOppositionReputation Of Mark
Trade Marks

Hamdard National Foundation (India) & Anr. v. Sadar Laboratories Pvt. Ltd.

Delhi High Court · 2022:DHC:005711

While composite trade marks must be compared as a whole under the anti-dissection rule, it is permissible to examine a dominant or significant common element in determining the overall commercial impression, and a composite mark m…

Anti-Dissection RuleComposite MarksDeceptive SimilarityTrade Dress
Trade Marks

Havells India Limited & Anr. v. Havai Home Products Pvt. Ltd. & Ors.

Delhi High Court · CS(COMM) 778/2024 (with I.A. 38970/2024)

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 Off
Trade Marks

Laxmikant V. Patel v. Chetanbhai Shah & Anr.

Supreme Court of India · (2002) 3 SCC 65

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 Marks
Trade Marks

Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.

Supreme Court of India · (2018) 9 SCC 183

Registration in a particular class of goods does not confer a monopoly over the entire class; likelihood of confusion under Section 11 must be assessed by the real nature and target consumers of the competing goods, and honest, lo…

ClassificationDeceptive SimilarityDissimilar GoodsHonest Concurrent Use
Trade Marks

Reliance Industries Limited v. Pawan Kumar Gupta & Ors.

Delhi High Court · 2025 SCC OnLine Del 4903

In assessing the likelihood of confusion for interim relief, courts must apply a more stringent standard where the infringing goods are edible products sold through online marketplaces to unsophisticated consumers, since even mino…

Dynamic InjunctionOnline InfringementPassing OffTrade Dress
Trade Marks

Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd.

Supreme Court of India · (2004) 6 SCC 145

A domain name has all the characteristics of a trade mark and is entitled to protection against passing off; the fact that the Trade Marks Act, 1999 does not specifically legislate on domain names does not exclude a domain name fr…

Deceptive SimilarityDomain NamesGoodwillOnline Infringement
Geographical Indications

Scotch Whisky Association & Anr. v. Pravara Sahakari Shakar Karkhana Ltd.

Bombay High Court · AIR 1992 Bom 294

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 Off
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