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.
6 results
for “Cause of Action”
Carlsberg Breweries A/S v. Som Distilleries and Breweries Ltd.
A single suit combining a cause of action for infringement of a registered design with a cause of action for passing off is maintainable under Order II Rule 3 of the Code of Civil Procedure, 1908 where both claims flow from the sa…
Composite SuitCopyright Design OverlapDesign InfringementPassing OffPatentsDr. Aloys Wobben & Anr. v. Yogesh Mehra & Ors.
Section 64(1) of the Patents Act, 1970 grants alternative, not cumulative, remedies for seeking revocation of a patent: a petition before the Appellate Board, or a counter-claim in an infringement suit. Once a person interested el…
Counter-claimElection of RemediesPatent LitigationPatent RevocationCopyrightIndian Performing Right Society Ltd. v. Sanjay Dalia & Anr.
Under Section 62(2) of the Copyright Act and Section 134(2) of the Trade Marks Act, a plaintiff that carries on business where the cause of action arose must sue at that place, and cannot invoke its principal office elsewhere to c…
Cause of ActionForum ShoppingPlace of BusinessTerritorial JurisdictionPatentsInterDigital Technology Corporation & Ors. v. Xiaomi Corporation & Ors.
An Indian court may grant an anti-enforcement or anti-anti-suit injunction restraining a party from giving effect to a foreign anti-suit order that seeks to prevent litigation of patent infringement claims properly within the Indi…
Anti-Anti-Suit InjunctionComity Of CourtsCross-Border LitigationFRANDCopyrightKrishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.
The title of a literary, dramatic or cinematographic work, being ordinarily a short combination of common words, is not by itself a work in which copyright can subsist under Section 13(1)(a) of the Copyright Act, 1957, since it la…
Copyright InfringementIdea-Expression DichotomyLiterary WorkOriginalityTrade 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 Copyright