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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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38 results

for “FIR”

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
Copyright

Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association & Ors.

Supreme Court of India · AIR 1977 SC 1443

Where music or lyrics are composed for a cinematograph film by an engaged composer or lyricist for valuable consideration, the film producer becomes the first owner of copyright in that contribution under Section 17 and thereby ac…

Assignment And LicensingCinematograph FilmCopyright SocietyFirst Ownership
Patents

ITC Limited v. Controller of Patents, Designs and Trademarks

Calcutta High Court

Section 3(b) of the Patents Act, 1970 excludes an invention only where its primary or intended use or commercial exploitation is shown, on identifiable evidence, to be contrary to public order or morality or seriously prejudicial …

FER PrinciplesNatural JusticePatent ProsecutionPublic Order And Morality
Trade Marks

ITC Limited v. Nestle India Limited

Madras High Court · 2020 SCC OnLine Mad 1158

Common, laudatory or descriptive expressions used across an industry to denote the flavour or quality of a product cannot be monopolised by a single trader as a trade mark, even where that trader was the first to use the expressio…

Descriptive MarksGeneric MarksGoodwillPassing Off
Patents

K.K. Bansal v. Koninklijke Philips Electronics N.V.

Delhi High Court

A patentee claiming damages for infringement of a standard-essential patent must prove infringement through evidence tested at trial and must prove that its royalty rate is FRAND, ordinarily through comparable licences; exhaustion…

DamagesFRANDPatent ExhaustionPatent Infringement
Trade Marks

Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories

Supreme Court of India · AIR 1965 SC 980

An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…

Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringement
Copyright

M/s Knit Pro International v. State of NCT of Delhi & Anr.

Supreme Court of India

An offence under Section 63 of the Copyright Act, 1957 is a cognizable and non-bailable offence.

Cognizable OffenceCopyright InfringementCriminal EnforcementFIR
Trade Marks

Mahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd.

Supreme Court of India · (2002) 2 SCC 147

A trader may be restrained at the interim stage from adopting a corporate or trade name deceptively similar to a widely reputed name, even for a different line of business, where it is likely to cause confusion or suggest a trade …

Corporate NameDissimilar GoodsInterim InjunctionPassing Off
Trade Marks

Marico Limited v. Agro Tech Foods Limited

Delhi High Court · 2010 (44) PTC 736 (Del)

A trade mark consisting of ordinary descriptive words remains vulnerable to a competitor's bona fide descriptive use under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999, notwithstanding registration; such a mark attains pr…

Descriptive MarksDistinctivenessGeneric MarksPassing Off
Trade Marks

Marriott Worldwide Corporation v. Hotel Marriot Prime & Anr.

Delhi High Court

Where a defendant fails to contest a commercial suit despite service and a subsisting interim injunction, a court may grant summary judgment under Order XIII-A of the Code of Civil Procedure without recording oral evidence; and a …

DamagesDeceptive SimilarityPassing OffTrademark Infringement
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