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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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for “FIR”

Trade Marks

Milmet Oftho Industries & Ors. v. Allergan Inc.

Supreme Court of India · (2004) 12 SCC 624

In a passing off action concerning medicinal products with identical marks, prior use in the world market can prevail over a domestic company's later domestic use, since pharmaceutical trade and medical literature are internationa…

Deceptive SimilarityPassing OffPharmaceutical TrademarkPrior User
Trade Marks

N.R. Dongre & Ors. v. Whirlpool Corporation & Anr.

Supreme Court of India · (1996) 5 SCC 714

A passing off action does not depend on registration of the mark in the country where protection is sought, and the goodwill necessary to sustain such an action may be established through transborder reputation built up by adverti…

GoodwillInterim InjunctionPassing OffTransborder Reputation
Trade Marks

Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.

Supreme Court of India · (2018) 9 SCC 183

Registration in a particular class of goods does not confer a monopoly over the entire class; likelihood of confusion under Section 11 must be assessed by the real nature and target consumers of the competing goods, and honest, lo…

ClassificationDeceptive SimilarityDissimilar GoodsHonest Concurrent Use
Trade Marks

Neon Laboratories Ltd. v. Medical Technologies Ltd. & Ors.

Supreme Court of India · (2016) 2 SCC 672

Under Section 34 of the Trade Marks Act, 1999, actual continuous prior use of a mark in the market prevails over a rival's earlier-dated application for registration where the registrant remained inactive for a prolonged period; t…

Deceptive SimilarityNon-usePassing OffPrior User
Other

Novenco Building and Industry A/S v. Xero Energy Engineering Solutions Private Ltd. & Anr.

Supreme Court of India · 2025 INSC 1256

In actions alleging continuing infringement of intellectual property rights, urgency under Section 12A of the Commercial Courts Act, 2015 must be assessed in the context of the ongoing injury and the public interest in preventing …

Commercial Courts ActContinuing InfringementPre-institution MediationRejection of Plaint
Copyright

Novex Communications Private Limited v. Rhythm Hospitality Private Limited

Bombay High Court · 2024:BHC-OS:1428

An owner of copyright may license its own works and sue for infringement without being registered as a copyright society under Section 33(1) of the Copyright Act, 1957.

Copyright SocietyLicensing BusinessOwner's Right to SuePreliminary Issue
Copyright

Opella Healthcare Group v. Pureca Laboratories Pvt Ltd (Copyright)

Delhi High Court

A defendant cannot defend a copyright infringement suit on the basis of a registration that has been cancelled by an unchallenged rectification order which found the artistic work to be a copy of the plaintiff's pre-existing get-u…

Artistic WorkColourable ImitationCopyright RectificationLabel Design
Trade Marks

Parle Products Pvt. Ltd. v. The Registrar of Trade Marks & Anr.

Delhi High Court

Where two parties file competing applications for registration of an identical or deceptively similar trade mark on a proposed-to-be-used basis, priority for registration under Section 18 of the Trade Marks Act, 1999 is determined…

Approbation and ReprobationPrior RegistrationPriorityProposed to be Used
Trade Marks

Pernod Ricard India Private Limited & Anr. v. Karanveer Singh Chhabra

Supreme Court of India · 2025 INSC 981

Composite marks must be compared as a whole. A proprietor cannot combine features drawn from different marks to build a case of infringement, and cannot claim exclusivity over a common or laudatory element of a composite mark, or …

Anti-Dissection RuleCommon to the TradeComposite MarksDeceptive Similarity
Copyright

Preity G. Zinta v. Google LLC & Ors.

Bombay High Court

When someone uses AI to create deepfakes or morphed content that distorts or alters how a performer's actual performance looks or sounds, without her consent, this violates her moral rights under Section 38-B of the Copyright Act.…

AI DeepfakesIntermediary LiabilityMoral Rights of PerformersPersonality Rights
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