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.
7 results
for “Commercial Courts Act”
Akira Desai alias Akira Nandan v. Sambhawaami Studios LLP & Ors.
AI-generated audio-visual content exploiting a person's likeness without consent may be restrained at the interim stage as a violation of personality rights.
AI-generated FilmDeepfakeImpersonation AccountsPersonality RightsCopyrightDr. Ashok M. Bhat v. Harichand Nagpal & Ors.
An injunction against use of a registered artistic work follows the artistic work onto any label, not merely the one impugned in the plaint. In Order XXXIX Rule 2A proceedings justification is no defence: so long as an order stand…
Contempt of InjunctionCounterfeitingExemplary CostsOrder XXXIX Rule 2ATrade MarksEmcure Pharmaceuticals Limited v. Emsure Pharmaceutical Private Limited
Where a defendant adopts a name and mark closely resembling a pharmaceutical company's established mark and does not contest the suit, a permanent injunction and actual costs may be decreed.
Actual CostsEMCUREEMSUREEx Parte DecreeOtherNovenco Building and Industry A/S v. Xero Energy Engineering Solutions Private Ltd. & Anr.
In actions alleging continuing infringement of intellectual property rights, urgency under Section 12A of the Commercial Courts Act, 2015 must be assessed in the context of the ongoing injury and the public interest in preventing …
Commercial Courts ActContinuing InfringementPre-institution MediationRejection of PlaintCopyrightOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Copyright)
A defendant cannot defend a copyright infringement suit on the basis of a registration that has been cancelled by an unchallenged rectification order which found the artistic work to be a copy of the plaintiff's pre-existing get-u…
Artistic WorkColourable ImitationCopyright RectificationLabel DesignTrade MarksOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Trade Marks)
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 UseTrade MarksReliance Industries Limited v. Pawan Kumar Gupta & Ors.
In assessing the likelihood of confusion for interim relief, courts must apply a more stringent standard where the infringing goods are edible products sold through online marketplaces to unsophisticated consumers, since even mino…
Dynamic InjunctionOnline InfringementPassing OffTrade Dress