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”
Havells India Ltd. & Anr. v. Amritanshu Khaitan & Ors.
In comparative advertising, a trader may compare one or more material, relevant and verifiable features of its product with a competitor's, including price, without being obliged to disclose every attribute of the rival's goods; f…
Comparative AdvertisingDisparagementHonest PracticesSection 29(8)Trade MarksHeinz Italia & Anr. v. Dabur India Ltd.
Where a prior user's mark and get-up are closely imitated by a later entrant in the same market, the prior user is entitled to interim protection against passing off.
Ad-interim InjunctionDeceptive SimilarityPassing OffPrior UserTrade MarksHoly Cow Foundation v. Patanjali Gramodyog Nyas (Trust) & Ors.
A registration will not be removed from the Register unless a ground for rectification under the Act is established.
CancellationFloor CleanerGONYLERectificationCopyrightIndian Performing Right Society Ltd. v. Sanjay Dalia & Anr.
Under Section 62(2) of the Copyright Act and Section 134(2) of the Trade Marks Act, a plaintiff that carries on business where the cause of action arose must sue at that place, and cannot invoke its principal office elsewhere to c…
Cause of ActionForum ShoppingPlace of BusinessTerritorial JurisdictionTrade MarksIndustria De Diseno Textil, S.A. v. Registrar of Trade Marks & Anr.
Section 11(2) does not require an earlier mark to have a formal declaration of well-known status before its owner can oppose a later mark; the provision only requires that the mark is well known. The term 'entitled' in Explanation…
Anti-Dissection RuleBad FaithDeceptive SimilarityPhonetic SimilarityTrade MarksInfo Edge (India) Pvt. Ltd. & Anr. v. Shailesh Gupta & Anr.
A domain name used as a business identifier is protected against passing off; use of a deceptively similar domain name for identical online services may be restrained at the interim stage.
Domain NamesNaukri.comOnline ServicesPassing OffTrade MarksITC Limited v. Nestle India Limited
Common, laudatory or descriptive expressions used across an industry to denote the flavour or quality of a product cannot be monopolised by a single trader as a trade mark, even where that trader was the first to use the expressio…
Descriptive MarksGeneric MarksGoodwillPassing OffOtherJaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors.
A celebrity's personality and publicity rights extend to protection against commercial exploitation of name, image, voice and mannerisms, including through an unlicensed artificial-intelligence chatbot or distorted video content; …
AI And DeepfakesFreedom Of SpeechParodyPersonality RightsTrade MarksK. 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 Aside