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”
Corn Products Refining Co. v. Shangrila Food Products Ltd.
In opposition proceedings, the reputation of a trade mark for assessing likelihood of confusion attaches to the mark itself and not merely to the reputation of the proprietor; deceptive similarity may be found even between goods t…
Deceptive SimilarityGoods Of Same DescriptionOppositionReputation Of MarkTrade MarksDaimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan
A trade mark that has attained an extraordinary worldwide reputation is entitled to protection against use on entirely unrelated goods, since such unauthorised use dilutes and demeans the distinctiveness of the mark; delay or hone…
Delay And AcquiescenceDilutionPassing OffTrademark InfringementTrade MarksDelhivery Limited v. John Doe/Ashok Kumar & Ors.
Courts may grant John Doe injunctions and direct suspension of domains that misuse a trade mark to defraud the public.
Domain NamesDomain SuspensionFranchise ScamImpersonationCopyrightDr. Ashok M. Bhat v. Harichand Nagpal & Ors.
An injunction against use of a registered artistic work follows the artistic work onto any label, not merely the one impugned in the plaint. In Order XXXIX Rule 2A proceedings justification is no defence: so long as an order stand…
Contempt of InjunctionCounterfeitingExemplary CostsOrder XXXIX Rule 2ATrade MarksEmcure Pharmaceuticals Limited v. Emsure Pharmaceutical Private Limited
Where a defendant adopts a name and mark closely resembling a pharmaceutical company's established mark and does not contest the suit, a permanent injunction and actual costs may be decreed.
Actual CostsEMCUREEMSUREEx Parte DecreeTrade 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 MarksHappi Planet Eco Products Pvt. Ltd. v. Ravi Malani trading as Febway India & Ors.
Imitation of a brand owner's mark and distinctive packaging by online sellers may be restrained by ex parte interim injunction.
Ex Parte InjunctionOnline SellersPackagingTrade DressTrade MarksHardie Trading Ltd. & Anr. v. Addisons Paint and Chemicals Ltd.
In a non-use rectification under Section 46 of the 1958 Act, the applicant bears the burden of proving the statutory non-use conditions, while the proprietor must prove special circumstances excusing non-use; while a registration …
Honest Concurrent UseNon-usePerson AggrievedRectificationTrade 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 Off