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 “SUPREME”
K. Mangayarkarasi & Anr. v. N.J. Sundaresan & Anr.
Disputes arising out of trade mark assignment deeds containing an arbitration agreement must be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996; allegations of fraud or fabrication do not by t…
ArbitrabilityArbitrationAssignment of Trade MarksFraud AllegationsTrade MarksKarnataka Cooperative Milk Producers Federation Ltd. v. Vinod Kanji Shah & Anr.
Even for different goods, an application may be refused on opposition where the applicant copies the distinctive style of writing of an established mark and the marks are phonetically similar, so that customers familiar with the e…
AgarbattisNANDINIOppositionRegistrar's Order Set AsideTrade MarksKaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories
An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…
Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringementCopyrightKrishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.
The title of a literary, dramatic or cinematographic work, being ordinarily a short combination of common words, is not by itself a work in which copyright can subsist under Section 13(1)(a) of the Copyright Act, 1957, since it la…
Copyright InfringementIdea-Expression DichotomyLiterary WorkOriginalityTrade MarksLaxmikant V. Patel v. Chetanbhai Shah & Anr.
A trading or business name, though not a registered trade mark, is protectable in a passing off action once it has acquired goodwill through use; the tort protects established business reputation rather than the name itself, and n…
GoodwillInterim InjunctionPassing OffPersonal Name MarksTrade MarksM/s Dhodha House v. S.K. Maingi
The additional forum in Section 62(2) of the Copyright Act cannot be used to found jurisdiction over a trade mark claim for which the court otherwise lacks territorial jurisdiction; whether a composite suit lies where the trade ma…
Carrying on BusinessComposite SuitTerritorial JurisdictionTrade Mark and CopyrightCopyrightM/s Knit Pro International v. State of NCT of Delhi & Anr.
An offence under Section 63 of the Copyright Act, 1957 is a cognizable and non-bailable offence.
Cognizable OffenceCopyright InfringementCriminal EnforcementFIRTrade MarksMahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd.
A trader may be restrained at the interim stage from adopting a corporate or trade name deceptively similar to a widely reputed name, even for a different line of business, where it is likely to cause confusion or suggest a trade …
Corporate NameDissimilar GoodsInterim InjunctionPassing OffTrade MarksMidas Hygiene Industries P. Ltd. & Anr. v. Sudhir Bhatia & Ors.
In cases of infringement of trade mark or copyright, an injunction should normally be granted where a prima facie case of infringement is shown; mere delay in bringing the action is not sufficient to defeat the grant of an injunct…
Copyright InfringementDelay and LachesInterim InjunctionPassing OffTrade MarksMilmet Oftho Industries & Ors. v. Allergan Inc.
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