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.
97 results
for “Trade Mark”
The Supreme Industries Limited v. Moorthi Rabeha
Refusal of registration of a word on its own does not prevent a proprietor from enforcing registered formative marks of which that word is the essential feature, absent pleaded prosecution history estoppel.
Formative MarksInterim InjunctionProsecution History EstoppelSUPREMETrade MarksToyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. & Ors.
The law of passing off in India is governed by the territoriality doctrine, under which a plaintiff must prove actual goodwill and reputation for its mark among a substantial section of purchasers within the Indian market at the r…
GoodwillPassing OffPrior UserTransborder ReputationTrade 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 SimilarityDisclaimerGoodwillTrade MarksUnder Armour, Inc. v. Aditya Birla Fashion & Retail Ltd.
Although composite marks must be compared in their entirety under the anti-dissection rule, a mark may contain a dominant element that contributes disproportionately to its overall commercial impression, and such a dominant elemen…
Anti-Dissection RuleComposite MarksDeceptive SimilarityDominant MarkTrade MarksUniply Industries Ltd. v. Unicorn Plywood Pvt. Ltd. & Ors.
Where priority of use rests on disputed evidence such as small sales volumes, and questions of honest concurrent use arise, an interim injunction requires a strong prima facie case; failing that, courts may decline injunctions to …
Interim InjunctionPassing OffPlywoodPrior UseTrade MarksWander Ltd. & Anr. v. Antox India P. Ltd.
An appellate court will not interfere with a trial court's discretionary order on an interlocutory injunction unless the discretion was exercised arbitrarily, capriciously or perversely, or contrary to settled principles.
Appellate InterferenceDiscretionInterim InjunctionPassing OffTrade MarksYahoo!, Inc. v. Akash Arora & Anr.
A domain name is capable of functioning as a trade mark and business identifier, and its use by another in a manner deceptively similar to a prior user's trade mark or domain name, likely to confuse an average internet user, is ac…
CybersquattingDeceptive SimilarityDomain NamesOnline Infringement