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.
19 results
for “Appeal Dismissed”
Natera Inc. & Anr. v. The Assistant Controller of Patents and Designs
The exclusion of diagnostic methods from patentability under Section 3(i) of the Patents Act, 1970 applies without distinction between in vivo and in vitro processes, and covers a method whose complete specification and final clai…
BiotechnologyClaim ConstructionPatent ProsecutionSection 3(i)Trade MarksNeon Laboratories Ltd. v. Medical Technologies Ltd. & Ors.
Under Section 34 of the Trade Marks Act, 1999, actual continuous prior use of a mark in the market prevails over a rival's earlier-dated application for registration where the registrant remained inactive for a prolonged period; t…
Deceptive SimilarityNon-usePassing OffPrior UserPatentsOpenTV Inc. v. The Controller of Patents and Designs & Anr.
The exclusion of business methods under Section 3(k) is absolute and unqualified, unlike the per se qualification applicable to computer programmes; the true nature of a claim is determined by its substance rather than its form or…
Business MethodClaim AmendmentComputer Related InventionsSection 3(k)Trade MarksPernod Ricard India Private Limited & Anr. v. Karanveer Singh Chhabra
Composite marks must be compared as a whole. A proprietor cannot combine features drawn from different marks to build a case of infringement, and cannot claim exclusivity over a common or laudatory element of a composite mark, or …
Anti-Dissection RuleCommon to the TradeComposite MarksDeceptive SimilarityCopyrightR.G. Anand v. M/s Delux Films & Ors.
Copyright protects only the particular form of expression of an idea, theme, subject matter or plot, and never the idea itself. Substantial similarity of theme between two works is not infringement if the treatment, incidents and …
Copyright InfringementDramatic WorkIdea-Expression DichotomyOriginalityTrade 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 UserTrade MarksS.M. Dyechem Ltd. v. Cadbury (India) Ltd.
Not good law on the test of deceptive similarity: see Cadila Health Care v. Cadila Pharmaceuticals (2001). Retained for its historical significance and its discussion of interim relief.
Deceptive SimilarityEssential FeaturesInterim InjunctionPICNICTrade 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 ReputationPatentsVishal Choudhary v. SNPC Machines Private Limited & Ors.
An interim injunction protecting patented machinery will not be lifted in appeal absent a demonstrated error in the trial court's prima facie assessment.
Appeal DismissedBrick-making MachinesInterim InjunctionPatent Infringement