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.
106 results
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Indian 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 SimilarityPatentsITC Limited v. Controller of Patents, Designs and Trademarks
Section 3(b) of the Patents Act, 1970 excludes an invention only where its primary or intended use or commercial exploitation is shown, on identifiable evidence, to be contrary to public order or morality or seriously prejudicial …
FER PrinciplesNatural JusticePatent ProsecutionPublic Order And MoralityPatentsK.K. Bansal v. Koninklijke Philips Electronics N.V.
A patentee claiming damages for infringement of a standard-essential patent must prove infringement through evidence tested at trial and must prove that its royalty rate is FRAND, ordinarily through comparable licences; exhaustion…
DamagesFRANDPatent ExhaustionPatent InfringementTrade 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 AsideTrade MarksKaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories
An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…
Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringementTrade MarksKedar Nath Mishra v. Invision Medi Sciences Pvt. Ltd.
In a passing-off claim, prior use alone is not enough: the claimant must show goodwill and reputation in the mark before the defendant's adoption, and an injunction without such a finding cannot be sustained.
BONRICHGoodwillInterim Injunction Set AsidePassing OffTrade MarksKirloskar Diesel Recon Pvt. Ltd. & Anr. v. Kirloskar Proprietary Ltd. & Ors.
A house mark and trade name with a long-standing reputation across a range of businesses, such as KIRLOSKAR, may be protected against its adoption as part of another's trade name, even where the goods or services differ.
Different GoodsHouse MarkInterim InjunctionKIRLOSKARCopyrightKrishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.
The title of a literary, dramatic or cinematographic work, being ordinarily a short combination of common words, is not by itself a work in which copyright can subsist under Section 13(1)(a) of the Copyright Act, 1957, since it la…
Copyright InfringementIdea-Expression DichotomyLiterary WorkOriginalityPatentsKroll Information Assurance, LLC v. The Controller General of Patents, Designs and Trademarks & Ors.
A computer-related invention overcomes the exclusion under Section 3(k) of the Patents Act, 1970 only where it is shown to produce a specific technical effect or advancement in the functioning of the underlying hardware, going bey…
Claim AmendmentComputer Related InventionsSection 3(k)Software Patent