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 “Permanent Injunction”
Radhakrishna Productions Pvt. Ltd. v. Ikkon Films Pvt. Ltd. & Ors.
A producer who proves ownership of rights in a film is entitled to declaratory and injunctive relief against rival exploitation, with costs.
CostsDeclarationFilm RightsOwnershipTrade MarksRenaissance Hotel Holdings Inc. v. B. Vijaya Sai & Ors.
Section 29(4) of the Trade Marks Act applies only to marks used on dissimilar goods or services and cannot be invoked where the defendant's goods or services are identical to those of the registered proprietor, which instead falls…
Deceptive SimilarityDilutionSection 29(4)Trademark InfringementTrade MarksRolex SA v. Alex Jewellery Pvt. Ltd. & Ors.
Protection of a well-known trade mark extends to dissimilar goods such as jewellery where use is likely to take unfair advantage of or harm its reputation; compensatory and punitive damages may be awarded.
Dissimilar GoodsInfringementJewelleryPassing OffTrade MarksRuston & Hornsby Ltd. v. Zamindara Engineering Co.
Where the essential or dominant feature of a defendant's mark is deceptively similar to a registered trade mark, the addition of a descriptive, geographical or laudatory word does not by itself cure the infringement; for marks tha…
Composite MarksDeceptive SimilarityDominant MarkInfringementTrade 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 UserCopyrightSholay Media and Entertainment Pvt. Ltd. & Anr. v. Parag Sanghavi & Ors.
Rights in a famous film, including copyright in the cinematograph film and its title used as a trade mark, may be protected by permanent injunction against unauthorised remakes and associated use.
Cinematograph FilmCopyright InfringementFilm TitlePermanent InjunctionOtherTitan Industries Ltd. v. M/s Ramkumar Jewellers
A celebrity possesses an enforceable right of publicity in the commercial value of his or her identity, which may be validly licensed to an endorsing company; infringement of that right does not require proof of falsity, confusion…
Copyright InfringementFalse EndorsementPassing OffPersonality RightsCopyrightUTV Software Communications Ltd. & Ors. v. 1337X.to & Ors.
Where a website's predominant purpose is to facilitate copyright infringement on a commercial scale, evidenced by disregard for takedown notices, anonymised registration and the volume of infringing content, courts may declare it …
Copyright InfringementDigital PlatformsDynamic InjunctionOnline InfringementCopyrightYash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions & Ors.
The idea-expression dichotomy protects only a generic theme and not its particularised expression; where a subsequent film reproduces the specific sequence of plot events, character arcs and dramatic situations of an earlier film …
Cinematograph FilmCopyright InfringementFilm And OTT ContentIdea-Expression Dichotomy