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IP Lex · Indian IP case law

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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.

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for “Trade Mark”

Trade Marks

Mankind Pharma Limited v. Novakind Bio Sciences Private Limited

Delhi High Court

A proprietor of a recognised family of marks sharing a common distinctive element may restrain a third party's adoption of that element where it is likely to suggest a connection with the family, especially for pharmaceuticals.

Deceptive SimilarityFamily of MarksInterim InjunctionKIND Suffix
Trade Marks

Mankind Pharma Limited v. Registrar of Trade Marks

Delhi High Court

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 Aside
Trade Marks

Marico Limited v. Agro Tech Foods Limited

Delhi High Court · 2010 (44) PTC 736 (Del)

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 Off
Trade Marks

Marriott Worldwide Corporation v. Hotel Marriot Prime & Anr.

Delhi High Court

Where a defendant fails to contest a commercial suit despite service and a subsisting interim injunction, a court may grant summary judgment under Order XIII-A of the Code of Civil Procedure without recording oral evidence; and a …

DamagesDeceptive SimilarityPassing OffTrademark Infringement
Trade Marks

Mayank Jain, Proprietor of Mahaveer Udyog v. M/s Atulya Discs Pvt. Ltd. & Ors.

Delhi High Court

No exclusive right can be claimed in words that are generic and common to the trade, such as TIGER and BRAND; similarity must be found in the distinctive features of the marks.

BRANDCommon to the TradeDevice MarksGeneric Words
Trade Marks

Midas Hygiene Industries P. Ltd. & Anr. v. Sudhir Bhatia & Ors.

Supreme Court of India · (2004) 3 SCC 90

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 Off
Trade Marks

Milmet Oftho Industries & Ors. v. Allergan Inc.

Supreme Court of India · (2004) 12 SCC 624

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 User
Designs

Mohan Lal, Proprietor of Mourya Industries v. Sona Paint & Hardwares

Delhi High Court · AIR 2013 Delhi 143

Design infringement under the Designs Act, 2000 and passing off are separate causes of action resting on different rights, standards and defences; since a registered design is a time-bound statutory monopoly that enters the public…

Composite SuitCopyright Design OverlapDesign InfringementDesign Registration
Trade Marks

N.R. Dongre & Ors. v. Whirlpool Corporation & Anr.

Supreme Court of India · (1996) 5 SCC 714

A passing off action does not depend on registration of the mark in the country where protection is sought, and the goodwill necessary to sustain such an action may be established through transborder reputation built up by adverti…

GoodwillInterim InjunctionPassing OffTransborder Reputation
Trade Marks

Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.

Supreme Court of India · (2018) 9 SCC 183

Registration in a particular class of goods does not confer a monopoly over the entire class; likelihood of confusion under Section 11 must be assessed by the real nature and target consumers of the competing goods, and honest, lo…

ClassificationDeceptive SimilarityDissimilar GoodsHonest Concurrent Use
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