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.
17 results
for “Goodwill”
New 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 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 MarksSatyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd.
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 InfringementGeographical IndicationsScotch Whisky Association & Anr. v. Pravara Sahakari Shakar Karkhana Ltd.
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 OffOtherTabassum Jamal Hashmi v. Ashok Kumar & Ors.
An individual's personality rights, encompassing name, image, voice, likeness and other distinctive attributes, are protectable by injunction against unauthorised commercial exploitation, and this protection extends to misuse effe…
AI And DeepfakesDynamic InjunctionIntermediary LiabilityPersonality RightsTrade 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…
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