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.
40 results
for “Costs”
American Home Products Corporation v. Mac Laboratories Private Limited & Anr.
A proprietor may validly register a mark proposed to be used through a registered user, and such a registration is not liable to removal for non-use merely because the proprietor itself has not used the mark.
Foreign ProprietorNon-useProposed UseRectificationPatentsAstraZeneca AB & Anr. v. Intas Pharmaceuticals Limited
A patentee that has treated a later patent as coextensive in term with an earlier patent covering the same compound abroad cannot, at the interim stage, claim a longer period of protection for the later patent in India; interim re…
DapagliflozinEvergreeningGenus PatentInterim InjunctionCopyrightAzure Hospitality Private Limited v. Phonographic Performance Limited
Pending trial, a user of sound recordings may be permitted to continue use on paying the copyright owner at the tariff of a registered copyright society, instead of being injuncted, where the owner is not itself a registered copyr…
Copyright SocietyInterim Injunction ModifiedPublic PerformanceRMPLPatentsBajaj Auto Ltd. v. TVS Motor Company Ltd.
In trade mark, copyright and patent suits, the hearing should proceed on a day-to-day basis and the final judgment should normally be delivered within four months from the filing of the suit, rather than the litigation remaining a…
Case ManagementExpeditious TrialInterim InjunctionIP SuitsPatentsCanva Pty Ltd & Ors. v. RxPrism Health Systems Private Limited & Anr.
An appellate court will not disturb a reasoned interim injunction in a patent infringement suit concerning a software-implemented feature where the Single Judge's prima facie view is sustainable.
Appeal DismissedInteractive ContentInterim InjunctionSoftware-related PatentDesignsCrocs Inc USA v. M/s Bata India Ltd and Ors.
In commercial litigation, costs ordinarily follow the outcome of the case, and the successful party is awarded actual and reasonable litigation expenses. Parties pursuing commercial disputes must bear the financial consequences of…
Actual CostsCancellation of DesignDesign InfringementIndustrial DesignOtherD.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors.
Every individual, and particularly a celebrity, possesses an enforceable right of publicity in the commercial value of his persona, including name, likeness, voice, style and mannerisms, which can be licensed to a corporate entity…
Character MerchandisingFalse EndorsementPassing OffPersonality RightsCopyrightDev Sahitya Kutir Pvt. Ltd. v. Smt. Archana Debnath & Anr.
In a copyright infringement suit, an interim injunction should normally follow once a prima facie case is shown, and an appellate court will not substitute its view where the trial court has taken a possible view on the pleadings.
Copyright InfringementInterim InjunctionLegal HeirsLiterary and Artistic WorksCopyrightDr. 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 Decree