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”
Sholay Media and Entertainment Pvt. Ltd. & Anr. v. Parag Sanghavi & Ors.
Rights in a famous film, including copyright in the cinematograph film and its title used as a trade mark, may be protected by permanent injunction against unauthorised remakes and associated use.
Cinematograph FilmCopyright InfringementFilm TitlePermanent InjunctionTrade MarksSiyaram Silk Mills Ltd. v. Stanford Siyaram Fashion Pvt. Ltd. & Ors.
A mark consisting of or containing the names of deities is not barred from registration or enforcement under the Trade Marks Act, 1999 and may be protected against dilution where it has become well established.
DilutionInterim InjunctionNames of DeitiesSIYARAMTrade MarksSnapdeal Private Limited v. GoDaddy.com LLC & Ors.
A domain name registrar that sources alternative domain names from a common registry through an automated algorithm is an intermediary under Section 2(1)(w) of the Information Technology Act, 2000; merely making such domain names …
CybersquattingDomain NamesIntermediary LiabilityOnline InfringementTrade MarksSterling Agro Industries Ltd. v. Giriraj Gupta
A registered proprietor showing prima facie infringement, irreparable injury and balance of convenience is entitled to an ex parte interim injunction.
Dairy ProductsEx Parte InjunctionGheeNOVATrade MarksSun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals Ltd. & Ors.
Mere delay in approaching the Court is not, by itself, sufficient to refuse an injunction, particularly in the pharmaceutical field where confusion between similar marks may also affect public interest.
Deceptive SimilarityDelayInterim InjunctionPANTOCIDOtherTabassum Jamal Hashmi v. Ashok Kumar & Ors.
An individual's personality rights, encompassing name, image, voice, likeness and other distinctive attributes, are protectable by injunction against unauthorised commercial exploitation, and this protection extends to misuse effe…
AI And DeepfakesDynamic InjunctionIntermediary LiabilityPersonality RightsTrade MarksTata Sons Ltd. v. Greenpeace International & Anr.
Use of a registered trade mark in a non-commercial context, for the purpose of parody, satire or criticism of the proprietor's conduct, does not amount to infringement or dilution under Section 29(4) of the Trade Marks Act, 1999, …
Comparative AdvertisingDilutionFreedom Of SpeechParodyTrade MarksTata Sons Private Limited v. Hakunamatata Tata Founders & Ors.
A well-known mark such as TATA may be protected at the interim stage against its use for crypto assets, including by directing platform operators to delist tokens bearing the mark.
Crypto AssetsDelistingInterim InjunctionOnline PlatformsGeographical IndicationsTea Board, India v. ITC Limited
A certification trade mark or geographical indication registered for a good protects only that good and does not, without more, extend to use of the certified word for unrelated services; an infringement action under the Geographi…
Certification Trade MarkDilutionGeographical IndicationLimitationTrade MarksThe Procter & Gamble Company v. IPI India Private Limited & Anr.
A registration will not be cancelled where the rival marks, compared as wholes, are phonetically and visually dissimilar, even if they share a descriptive element.
Cancellation RefusedPhonetic DissimilarityRectificationVAPORIN