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.
97 results
for “Trade Mark”
Asociacion De Productores De Pisco A.G. v. Union of India & Ors.
Where two countries produce admittedly different goods known by the same name, the dispute falls to be resolved under Section 10 of the Geographical Indications Act as one of homonymous geographical indications, which permits and …
Community RightGeographical IndicationHomonymous GIPrior UserPatentsBajaj Auto Ltd. v. TVS Motor Company Ltd.
In trade mark, copyright and patent suits, the hearing should proceed on a day-to-day basis and the final judgment should normally be delivered within four months from the filing of the suit, rather than the litigation remaining a…
Case ManagementExpeditious TrialInterim InjunctionIP SuitsTrade MarksBajaj Finance Limited v. Manish Singh @ Settlement Guru & Ors.
Use of a company's name and registered marks in online content designed to induce its customers to breach their contracts may be restrained at the interim stage as unlawful interference harming its goodwill.
Ex Parte InjunctionInducing Breach of ContractLoan Settlement ContentSocial MediaTrade MarksBhole Nath Foods Ltd. v. Kirorimal Kashiram Marketing and Agencies Pvt. Ltd.
A passing-off injunction requires a finding that the claimant had goodwill and reputation in its mark before the defendant's adoption of the impugned mark.
CHEETALDevice MarksDOUBLE DEERGoodwillTrade MarksBikaji Foods International Limited v. Jagaranath Prasad & Anr.
A registration obtained in bad faith for a mark identical to a prior user's long-used mark for the same category of goods, with no evidence of a bona fide intention to use, is liable to be removed from the Register under Sections …
Bad FaithPrior UserPurity of the RegisterRectificationTrade MarksCadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.
In assessing deceptive similarity between trade marks for medicinal products, courts must apply a stricter standard than for ordinary goods because confusion can endanger public health, having regard to the nature of the marks, th…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPhonetic SimilarityDesignsCarlsberg Breweries A/S v. Som Distilleries and Breweries Ltd.
A single suit combining a cause of action for infringement of a registered design with a cause of action for passing off is maintainable under Order II Rule 3 of the Code of Civil Procedure, 1908 where both claims flow from the sa…
Composite SuitCopyright Design OverlapDesign InfringementPassing OffTrade MarksChristian Louboutin SAS v. Nakul Bajaj & Ors.
An e-commerce platform is not automatically entitled to the safe harbour under Section 79 of the Information Technology Act, 2000 merely because it calls itself an intermediary; the exemption applies only where the platform's role…
CounterfeitingE-commerceIntermediary LiabilityOnline InfringementTrade MarksColgate Palmolive Company & Anr. v. Dabur India Ltd.
An amendment is unnecessary where the existing pleadings and prayers already cover the further acts complained of.
Amendment of PlaintComparative AdvertisingDisparagementTrial DelayTrade MarksColumbia Pictures Industries, Inc v. Registrar of Trade Marks & Anr.
Section 11(2) does not require a mark to have been formally declared well-known before its proprietor can invoke that status to oppose a similar or identical mark on dissimilar goods; it is enough that the mark is, in substance, e…
Bad Faith AdoptionCross-class ProtectionOppositionRemand