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.
10 results
for “Delay”
Arun Kumar Gupta v. Registrar of Trade Marks
Issuance of notice in Form O-3 under Section 25(3) of the Trade Marks Act, 1999 is a mandatory pre-condition for removal of a trade mark from the Register on account of non-renewal. Mere expiry of registration or failure to file a…
Form O-3Mandatory NoticeRegistered ProprietorRemoval of TrademarkDesignsCarlsberg 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 OffTrade MarksDaimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan
A trade mark that has attained an extraordinary worldwide reputation is entitled to protection against use on entirely unrelated goods, since such unauthorised use dilutes and demeans the distinctiveness of the mark; delay or hone…
Delay And AcquiescenceDilutionPassing OffTrademark InfringementPatentsDeepak Nitrite Limited v. The Assistant Controller General of Patents and Designs
It is wholly impermissible for the Controller, while exercising quasi-judicial powers under Section 15, to rely upon 'common general knowledge' as a self-sufficient ground for refusing a patent application without setting out and …
Common General KnowledgeFood Grade Sodium NitriteFree-FlowingImpurity ProfileTrade MarksNandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.
Registration in a particular class of goods does not confer a monopoly over the entire class; likelihood of confusion under Section 11 must be assessed by the real nature and target consumers of the competing goods, and honest, lo…
ClassificationDeceptive SimilarityDissimilar GoodsHonest Concurrent UseCopyrightOpella 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 MarksParle Products Pvt. Ltd. v. The Registrar of Trade Marks & Anr.
Where two parties file competing applications for registration of an identical or deceptively similar trade mark on a proposed-to-be-used basis, priority for registration under Section 18 of the Trade Marks Act, 1999 is determined…
Approbation and ReprobationPrior RegistrationPriorityProposed to be UsedPatentsRaytheon Company v. Controller General of Patents and Designs
Novel hardware is not a prerequisite for the patentability of a computer-related invention under Section 3(k) of the Patents Act; the applicable test is whether the claimed invention involves a technical advancement and provides a…
Computer Related InventionsPatent ProsecutionSection 3(k)Software PatentTrade 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 InjunctionPANTOCIDGeographical 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 IndicationLimitation