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
for “Appeal”
Laxmikant 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 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 CopyrightCopyrightM/s Knit Pro International v. State of NCT of Delhi & Anr.
An offence under Section 63 of the Copyright Act, 1957 is a cognizable and non-bailable offence.
Cognizable OffenceCopyright InfringementCriminal EnforcementFIRTrade 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 OffTrade MarksMankind Pharma Limited v. Registrar of Trade Marks
A refusal of registration that does not withstand scrutiny on appeal will be set aside and the application directed to proceed.
Family of MarksPETKINDRefusal of RegistrationRegistrar's Order Set AsideTrade MarksMarico Limited v. Agro Tech Foods Limited
A trade mark consisting of ordinary descriptive words remains vulnerable to a competitor's bona fide descriptive use under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999, notwithstanding registration; such a mark attains pr…
Descriptive MarksDistinctivenessGeneric MarksPassing OffPatentsMicrosoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs
An invention is not excluded under Section 3(k) merely because it is implemented as an algorithm on a computer; the determinative question is whether the claimed subject matter demonstrates a technical effect or technical contribu…
Computer Related InventionsPatent ProsecutionSection 3(k)Software PatentTrade MarksMidas Hygiene Industries P. Ltd. & Anr. v. Sudhir Bhatia & Ors.
In cases of infringement of trade mark or copyright, an injunction should normally be granted where a prima facie case of infringement is shown; mere delay in bringing the action is not sufficient to defeat the grant of an injunct…
Copyright InfringementDelay and LachesInterim InjunctionPassing OffTrade MarksMilmet Oftho Industries & Ors. v. Allergan Inc.
In a passing off action concerning medicinal products with identical marks, prior use in the world market can prevail over a domestic company's later domestic use, since pharmaceutical trade and medical literature are internationa…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPrior UserPatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent Eligibility