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.
3 results
for “Dishonest Adoption”
Asociacion De Productores De Pisco A.G. v. Union of India & Ors.
Where two countries produce admittedly different goods known by the same name, the dispute falls to be resolved under Section 10 of the Geographical Indications Act as one of homonymous geographical indications, which permits and …
Community RightGeographical IndicationHomonymous GIPrior UserTrade MarksHavells India Limited & Anr. v. Havai Home Products Pvt. Ltd. & Ors.
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 OffTrade MarksMarriott Worldwide Corporation v. Hotel Marriot Prime & Anr.
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