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.
52 results
for “Interim Injunction”
Diageo Brands B.V. & Anr. v. Alcobrew Distilleries India Pvt. Ltd.
The test for infringement of a registered design under Section 22 of the Designs Act, 2000 is whether the design, viewed by an instructed or knowledgeable observer aware of the prior art, is identical or an obvious or fraudulent i…
Design InfringementFunctionalityNoveltyScope Of Design ProtectionPatentsE.R. Squibb and Sons, LLC & Ors. v. Zydus Lifesciences Limited
In a quia timet action under Sections 48 and 108, a strong prima facie apprehension of imminent infringement, evidenced by the defendant's own regulatory and manufacturing conduct, can justify an interim injunction; and a biosimil…
BiotechnologyInterim InjunctionPatent InfringementPharmaceutical PatentPatentsF. Hoffmann-La Roche AG & Anr. v. Natco Pharma Limited
A credible challenge to patent validity under Section 64(1)(f), showing that the claimed compound is an obvious and predictable structural modification of a compound already disclosed in the patentee's own earlier prior art, can d…
EvergreeningGenus-Species PatentInterim InjunctionInventive StepPatentsF. Hoffmann-La Roche Ltd. & Anr. v. Cipla Ltd.
A patent claim for a chemical compound is not to be narrowed to a specific polymorphic or crystalline form merely because the specification discusses particular polymorphs, where the claim itself is drafted broadly to cover the co…
Claim ConstructionPatent InfringementPharmaceutical PatentPolymorphPatentsFMC Corporation & Ors. v. Natco Pharma Limited
In a quia timet action under Sections 48 and 108 concerning a soon-to-expire patent, where the defendant has raised a substantial, non-frivolous challenge to validity through a pending revocation petition and has already commenced…
Interim InjunctionNoveltyPatent InfringementPrior ArtTrade MarksGodfrey Phillips India Ltd. v. Girnar Food & Beverages (P) Ltd.
A trade mark that is otherwise descriptive or laudatory of the goods is not, for that reason alone, incapable of protection in a passing off action; if the mark has, through long and extensive use, acquired a secondary meaning ide…
Descriptive MarksDistinctivenessGeneric MarksPassing OffTrade MarksHamdard National Foundation (India) & Anr. v. Sadar Laboratories Pvt. Ltd.
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 DressTrade MarksHavells India Limited & Anr. v. Havai Home Products Pvt. Ltd. & Ors.
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 OffTrade MarksHavells India Ltd. & Anr. v. Amritanshu Khaitan & Ors.
In comparative advertising, a trader may compare one or more material, relevant and verifiable features of its product with a competitor's, including price, without being obliged to disclose every attribute of the rival's goods; f…
Comparative AdvertisingDisparagementHonest PracticesSection 29(8)OtherICC Development (International) Ltd. v. Arvee Enterprises & Anr.
The right of publicity is derived from the right of privacy and vests exclusively in a living individual and the indicia of that individual's personality, such as name, likeness, voice and signature. Publicity or personality right…
Ambush MarketingFalse EndorsementPassing OffPersonality Rights