Sign inOpen the app
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.

Clear filters

97 results

for “Trade Mark”

Trade Marks

Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories

Supreme Court of India · AIR 1965 SC 980

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 MarksInfringement
Trade Marks

Kedar Nath Mishra v. Invision Medi Sciences Pvt. Ltd.

Delhi High Court

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 Off
Trade Marks

Khadi and Village Industries Commission v. Enduring Body Care LLP & Ors.

Delhi High Court

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 Care
Trade Marks

Kirloskar Diesel Recon Pvt. Ltd. & Anr. v. Kirloskar Proprietary Ltd. & Ors.

Bombay High Court · AIR 1996 Bom 149

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 InjunctionKIRLOSKAR
Trade Marks

L'Oreal India Private Limited v. Shanaz Bariz

Delhi High Court

Online content that disparages a trade mark owner's goodwill and reputation may be restrained by ex parte interim injunction.

AI-generated ContentDisparagementEx Parte InjunctionMAYBELLINE
Trade Marks

Laboratoires Griffon Pvt. Ltd. & Anr. v. Rajiv Mukul & Ors.

Bombay High Court

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 SimilarityGLIMETGLYZET
Trade Marks

Laxmikant V. Patel v. Chetanbhai Shah & Anr.

Supreme Court of India · (2002) 3 SCC 65

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 Marks
Trade Marks

Living Media India Limited v. Zee Media Corporation Limited

Delhi High Court

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 Programmes
Trade Marks

M/s Dhodha House v. S.K. Maingi

Supreme Court of India · (2006) 9 SCC 41

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 Copyright
Trade Marks

Mahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd.

Supreme Court of India · (2002) 2 SCC 147

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
PreviousPage 5 of 10Next