Sign inOpen the app
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.

Clear filters

40 results

for “Costs”

Copyright

Ritika Private Limited v. Biba Apparels Private Limited

Delhi High Court

Copyright in a design capable of registration under the Designs Act ceases under Section 15(2) of the Copyright Act once the design is industrially applied to more than fifty articles without registration.

Copyright and Design OverlapFashion DesignsGarmentsIndustrial Reproduction
Trade Marks

Rolex SA v. Alex Jewellery Pvt. Ltd. & Ors.

Delhi High Court

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 Off
Trade Marks

S. Syed Mohideen v. P. Sulochana Bai

Supreme Court of India · (2016) 2 SCC 683

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 User
Copyright

Sholay Media and Entertainment Pvt. Ltd. & Anr. v. Parag Sanghavi & Ors.

Delhi High Court

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 Injunction
Geographical Indications

Tea Board, India v. ITC Limited

Calcutta High Court · 2019 SCC OnLine Cal 1085

A certification trade mark or geographical indication registered for a good protects only that good and does not, without more, extend to use of the certified word for unrelated services; an infringement action under the Geographi…

Certification Trade MarkDilutionGeographical IndicationLimitation
Patents

Telefonaktiebolaget LM Ericsson (Publ) v. Lava International Ltd.

Delhi High Court

An implementer that fails to negotiate in good faith may be treated as an unwilling licensee and held liable for damages equal to the FRAND royalty on standard-compliant end products, assessed primarily from comparable licences.

Comparable LicencesDamagesFRANDPatent Infringement
Trade Marks

Uniply Industries Ltd. v. Unicorn Plywood Pvt. Ltd. & Ors.

Supreme Court of India · (2001) 5 SCC 95

Where priority of use rests on disputed evidence such as small sales volumes, and questions of honest concurrent use arise, an interim injunction requires a strong prima facie case; failing that, courts may decline injunctions to …

Interim InjunctionPassing OffPlywoodPrior Use
Patents

Vishal Choudhary v. SNPC Machines Private Limited & Ors.

Delhi High Court

An interim injunction protecting patented machinery will not be lifted in appeal absent a demonstrated error in the trial court's prima facie assessment.

Appeal DismissedBrick-making MachinesInterim InjunctionPatent Infringement
Trade Marks

Wander Ltd. & Anr. v. Antox India P. Ltd.

Supreme Court of India · 1990 Supp SCC 727

An appellate court will not interfere with a trial court's discretionary order on an interlocutory injunction unless the discretion was exercised arbitrarily, capriciously or perversely, or contrary to settled principles.

Appellate InterferenceDiscretionInterim InjunctionPassing Off
Patents

Zydus Lifesciences Limited v. E.R. Squibb and Sons, LLC & Ors.

Delhi High Court

In interlocutory patent proceedings concerning a life-saving drug, public interest is a pre-eminent consideration. Where infringement or validity turns on complex technical issues that need trial, the patentee should ordinarily be…

BiosimilarInterim InjunctionLife-saving DrugsPatent Infringement
PreviousPage 4 of 4