Open 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

24 results

for “Deceptive Similarity”

Trade Marks

Amritdhara Pharmacy v. Satya Deo Gupta

Supreme Court of India · AIR 1963 SC 449

Deceptive similarity between trade marks must be assessed by comparing the marks as a whole for their overall phonetic, visual and structural resemblance, from the standpoint of a person of average intelligence and imperfect recol…

AcquiescenceDeceptive SimilarityHonest Concurrent UseImperfect Recollection
Trade Marks

Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.

Supreme Court of India · (2001) 5 SCC 73

In assessing deceptive similarity between trade marks for medicinal products, courts must apply a stricter standard than for ordinary goods because confusion can endanger public health, having regard to the nature of the marks, th…

Deceptive SimilarityPassing OffPharmaceutical TrademarkPhonetic Similarity
Trade Marks

Columbia Pictures Industries, Inc v. Registrar of Trade Marks & Anr.

Delhi High Court · C.A.(COMM.IPD-TM) 44/2025

Section 11(2) does not require a mark to have been formally declared well-known before its proprietor can invoke that status to oppose a similar or identical mark on dissimilar goods; it is enough that the mark is, in substance, e…

Bad Faith AdoptionCross-class ProtectionOppositionRemand
Trade Marks

Corn Products Refining Co. v. Shangrila Food Products Ltd.

Supreme Court of India · AIR 1960 SC 142

In opposition proceedings, the reputation of a trade mark for assessing likelihood of confusion attaches to the mark itself and not merely to the reputation of the proprietor; deceptive similarity may be found even between goods t…

Deceptive SimilarityGoods Of Same DescriptionOppositionReputation Of Mark
Trade Marks

Hamdard National Foundation (India) & Anr. v. Sadar Laboratories Pvt. Ltd.

Delhi High Court · 2022:DHC:005711

While composite trade marks must be compared as a whole under the anti-dissection rule, it is permissible to examine a dominant or significant common element in determining the overall commercial impression, and a composite mark m…

Anti-Dissection RuleComposite MarksDeceptive SimilarityTrade Dress
Trade Marks

Havells India Limited & Anr. v. Havai Home Products Pvt. Ltd. & Ors.

Delhi High Court · CS(COMM) 778/2024 (with I.A. 38970/2024)

Even a registered proprietor may be restrained from using a trade mark where the ingredients of passing off are established. Section 27(2) preserves the common-law remedy of passing off notwithstanding the statutory rights arising…

Anti-Dissection RuleDeceptive SimilarityDishonest AdoptionPassing Off
Trade Marks

Industria De Diseno Textil, S.A. v. Registrar of Trade Marks & Anr.

Delhi High Court · C.A.(COMM.IPD-TM) 52/2024, I.A. 33885/2024

Section 11(2) does not require an earlier mark to have a formal declaration of well-known status before its owner can oppose a later mark; the provision only requires that the mark is well known. The term 'entitled' in Explanation…

Anti-Dissection RuleBad FaithDeceptive SimilarityPhonetic Similarity
Trade Marks

Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories

Supreme Court of India · AIR 1965 SC 980

An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…

Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringement
Trade Marks

Marriott Worldwide Corporation v. Hotel Marriot Prime & Anr.

Delhi High Court · CS(COMM) 408/2023

Where a defendant fails to contest a commercial suit despite service and a subsisting interim injunction, a court may grant summary judgment under Order XIII-A of the Code of Civil Procedure without recording oral evidence; and a …

DamagesDeceptive SimilarityPassing OffTrademark Infringement
Trade Marks

Milmet Oftho Industries & Ors. v. Allergan Inc.

Supreme Court of India · (2004) 12 SCC 624

In a passing off action concerning medicinal products with identical marks, prior use in the world market can prevail over a domestic company's later domestic use, since pharmaceutical trade and medical literature are internationa…

Deceptive SimilarityPassing OffPharmaceutical TrademarkPrior User
Page 1 of 3Next