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”
Kaviraj 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 MarksKhadi and Village Industries Commission v. Enduring Body Care LLP & Ors.
Use of KHADI as part of a mark for unrelated products may be restrained at the ad-interim stage at the instance of the Khadi and Village Industries Commission.
Ex Parte Ad-interim InjunctionKHADIKHADI VEDAPersonal CareTrade 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 InjunctionKIRLOSKARTrade MarksL'Oreal India Private Limited v. Shanaz Bariz
Online content that disparages a trade mark owner's goodwill and reputation may be restrained by ex parte interim injunction.
AI-generated ContentDisparagementEx Parte InjunctionMAYBELLINETrade MarksLaboratoires Griffon Pvt. Ltd. & Anr. v. Rajiv Mukul & Ors.
For pharmaceutical products, marks that are phonetically and visually close are restrained at the interim stage because confusion can endanger public health; substantial costs may be imposed for adoption of a confusingly similar d…
CostsDeceptive SimilarityGLIMETGLYZETTrade MarksLaxmikant V. Patel v. Chetanbhai Shah & Anr.
A trading or business name, though not a registered trade mark, is protectable in a passing off action once it has acquired goodwill through use; the tort protects established business reputation rather than the name itself, and n…
GoodwillInterim InjunctionPassing OffPersonal Name MarksTrade MarksLiving Media India Limited v. Zee Media Corporation Limited
Where the similarity lies in a composite label's artistic elements, a defendant may be restrained from using those elements while remaining free to use the word itself in a non-confusing manner.
Common ElementsDevice MarksInterim InjunctionNews ProgrammesTrade MarksM/s Dhodha House v. S.K. Maingi
The additional forum in Section 62(2) of the Copyright Act cannot be used to found jurisdiction over a trade mark claim for which the court otherwise lacks territorial jurisdiction; whether a composite suit lies where the trade ma…
Carrying on BusinessComposite SuitTerritorial JurisdictionTrade Mark and CopyrightTrade MarksMahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd.
A trader may be restrained at the interim stage from adopting a corporate or trade name deceptively similar to a widely reputed name, even for a different line of business, where it is likely to cause confusion or suggest a trade …
Corporate NameDissimilar GoodsInterim InjunctionPassing Off