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.
5 results
for “Discretion”
Amritdhara Pharmacy v. Satya Deo Gupta
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 RecollectionTrade MarksAshiana Ispat Limited v. Kamdhenu Limited & Ors.
A mere contractual promise to let someone adopt and use a mark is not the same as transferring ownership, where the contract makes ownership conditional on registration. Non-use of a mark for decades defeats a claim to common-law …
AssignmentDiscretionary OrderInterlocutory InjunctionLicenceTrade MarksLaxmikant V. Patel v. Chetanbhai Shah & Anr.
A trading or business name, though not a registered trade mark, is protectable in a passing off action once it has acquired goodwill through use; the tort protects established business reputation rather than the name itself, and n…
GoodwillInterim InjunctionPassing OffPersonal Name MarksPatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent EligibilityTrade MarksWander Ltd. & Anr. v. Antox India P. Ltd.
An appellate court will not interfere with a trial court's discretionary order on an interlocutory injunction unless the discretion was exercised arbitrarily, capriciously or perversely, or contrary to settled principles.
Appellate InterferenceDiscretionInterim InjunctionPassing Off