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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.

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for “Trade Mark”

Trade Marks

Havells India Ltd. & Anr. v. Amritanshu Khaitan & Ors.

Delhi High Court · 2015 (62) PTC 64 (Del)

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 Marks

Heinz Italia & Anr. v. Dabur India Ltd.

Supreme Court of India · (2007) 6 SCC 1

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 User
Trade Marks

Holy Cow Foundation v. Patanjali Gramodyog Nyas (Trust) & Ors.

Delhi High Court

A registration will not be removed from the Register unless a ground for rectification under the Act is established.

CancellationFloor CleanerGONYLERectification
Copyright

Indian Performing Right Society Ltd. v. Sanjay Dalia & Anr.

Supreme Court of India · AIR 2015 SC 3479

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 Jurisdiction
Trade Marks

Industria De Diseno Textil, S.A. v. Registrar of Trade Marks & Anr.

Delhi High Court

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 Similarity
Trade Marks

Info Edge (India) Pvt. Ltd. & Anr. v. Shailesh Gupta & Anr.

Delhi High Court · 98 (2002) DLT 499

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 Off
Trade Marks

ITC Limited v. Nestle India Limited

Madras High Court · 2020 SCC OnLine Mad 1158

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 Off
Other

Jaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors.

Delhi High Court · 2024 SCC OnLine Del 3664

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 Rights
Trade Marks

K. Mangayarkarasi & Anr. v. N.J. Sundaresan & Anr.

Supreme Court of India · 2025 INSC 687

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 Allegations
Trade Marks

Karnataka Cooperative Milk Producers Federation Ltd. v. Vinod Kanji Shah & Anr.

Madras High Court

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
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