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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Ritika Private Limited v. Biba Apparels Private Limited
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 ReproductionTrade MarksRolex SA v. Alex Jewellery Pvt. Ltd. & Ors.
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 OffTrade MarksS. Syed Mohideen v. P. Sulochana Bai
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 UserCopyrightSholay Media and Entertainment Pvt. Ltd. & Anr. v. Parag Sanghavi & Ors.
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 InjunctionGeographical IndicationsTea Board, India v. ITC Limited
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 IndicationLimitationPatentsTelefonaktiebolaget LM Ericsson (Publ) v. Lava International Ltd.
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 InfringementTrade MarksUniply Industries Ltd. v. Unicorn Plywood Pvt. Ltd. & Ors.
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 UsePatentsVishal Choudhary v. SNPC Machines Private Limited & Ors.
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 InfringementTrade MarksWander Ltd. & Anr. v. Antox India P. Ltd.
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 OffPatentsZydus Lifesciences Limited v. E.R. Squibb and Sons, LLC & Ors.
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