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

Neon Laboratories Ltd. v. Medical Technologies Ltd. & Ors.

Supreme Court of India · (2016) 2 SCC 672

Under Section 34 of the Trade Marks Act, 1999, actual continuous prior use of a mark in the market prevails over a rival's earlier-dated application for registration where the registrant remained inactive for a prolonged period; t…

Deceptive SimilarityNon-usePassing OffPrior User
Trade Marks

New Balance Athletics Inc. v. Astormueller AG and Ors.

Delhi High Court

Registration of a mark is no defence to a passing off action, since rights under Section 27(2) are independent of and override the bar in Section 28(3) on one registered proprietor suing another for infringement. Registration mere…

Anti-Dissection RuleDeceptive SimilarityInitial Interest ConfusionPassing Off
Trade Marks

Opella Healthcare Group v. Pureca Laboratories Pvt Ltd (Trade Marks)

Delhi High Court

Where a coordinate bench, following an unchallenged rectification order, has found the mark in question deceptively similar to the plaintiff's registered mark, the defendant has no real prospect of successfully defending the infri…

Deceptive SimilarityPassing OffPharmaceutical MarksPrior Use
Trade Marks

Parle Products (P) Ltd. v. J.P. & Co., Mysore

Supreme Court of India · AIR 1972 SC 1359

Deceptive similarity is judged by the overall impression on a person of average intelligence and imperfect recollection, not by a side-by-side comparison of details.

Deceptive SimilarityGet-upImperfect RecollectionInfringement
Trade Marks

Parle Products Pvt. Ltd. v. The Registrar of Trade Marks & Anr.

Delhi High Court

Where two parties file competing applications for registration of an identical or deceptively similar trade mark on a proposed-to-be-used basis, priority for registration under Section 18 of the Trade Marks Act, 1999 is determined…

Approbation and ReprobationPrior RegistrationPriorityProposed to be Used
Trade Marks

People Interactive (India) Pvt. Ltd. v. Ammanamanchi Lalitha Rani & Ors.

Bombay High Court

Where defendants dishonestly continue to exploit a well-known online mark and leave the suit uncontested, the court may decree infringement and passing off and award substantial costs.

CostsDishonest AdoptionDomain NamesEx Parte Decree
Trade Marks

Pepsi Co., Inc. & Ors. v. Hindustan Coca Cola Ltd. & Anr.

Delhi High Court · 2003 (27) PTC 305 (Del)

A trader may puff its own goods and compare them with a rival's, but may not denigrate or ridicule a competitor's product or mark; disparagement is judged from the intent, manner of presentation, storyline and overall message of t…

Comparative AdvertisingDisparagementInterim InjunctionTelevision Commercials
Trade Marks

Pernod Ricard India Private Limited & Anr. v. Karanveer Singh Chhabra

Supreme Court of India · 2025 INSC 981

Composite marks must be compared as a whole. A proprietor cannot combine features drawn from different marks to build a case of infringement, and cannot claim exclusivity over a common or laudatory element of a composite mark, or …

Anti-Dissection RuleCommon to the TradeComposite MarksDeceptive Similarity
Trade Marks

Perundurai Chennimalai Gounder v. The Registrar of Trade Marks

Madras High Court

A registered mark cannot be removed from the Register without compliance with the procedure prescribed by the Act, including notice to the proprietor; a removal made without it will be set aside.

Natural JusticePrior NoticeRemoval of Trade MarkRestoration
Trade Marks

Power Control Appliances v. Sumeet Machines Pvt. Ltd.

Supreme Court of India · (1994) 2 SCC 448

Where infringement of a trade mark, copyright and design is prima facie established, an injunction pending the suit should ordinarily follow; defences such as acquiescence must be established on the facts.

AcquiescenceDelayInterim InjunctionMixer Grinders
PreviousPage 7 of 10Next