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.
37 results
for “passing off”
Snapdeal Private Limited v. GoDaddy.com LLC & Ors.
A domain name registrar that sources alternative domain names from a common registry through an automated algorithm is an intermediary under Section 2(1)(w) of the Information Technology Act, 2000; merely making such domain names …
CybersquattingDomain NamesIntermediary LiabilityOnline InfringementGeographical 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 IndicationLimitationOtherTitan Industries Ltd. v. M/s Ramkumar Jewellers
A celebrity possesses an enforceable right of publicity in the commercial value of his or her identity, which may be validly licensed to an endorsing company; infringement of that right does not require proof of falsity, confusion…
Copyright InfringementFalse EndorsementPassing OffPersonality RightsTrade MarksToyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. & Ors.
The law of passing off in India is governed by the territoriality doctrine, under which a plaintiff must prove actual goodwill and reputation for its mark among a substantial section of purchasers within the Indian market at the r…
GoodwillPassing OffPrior UserTransborder ReputationTrade MarksTV Today Network v. Saurashtra Aaj Tak & Anr.
In a passing-off action the focus is on protecting the goodwill of the earlier user from a later use that is likely to create confusion or an impression of association. Actual confusion or loss need not always be proved; likelihoo…
AajTakDeceptive SimilarityDisclaimerGoodwillDesignsWhirlpool of India Ltd. v. Videocon Industries Ltd.
In an action for design piracy under the Designs Act, 2000, infringement is tested by comparing the overall visual impression of the two articles judged solely by the eye; a defendant's own subsequent design registration for a sim…
Deceptive SimilarityDesign InfringementDesign PiracyPassing OffTrade MarksYahoo!, Inc. v. Akash Arora & Anr.
A domain name is capable of functioning as a trade mark and business identifier, and its use by another in a manner deceptively similar to a prior user's trade mark or domain name, likely to confuse an average internet user, is ac…
CybersquattingDeceptive SimilarityDomain NamesOnline Infringement