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.
8 results
for “Get-up”
Dr. 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 MarksHeinz Italia & Anr. v. Dabur India Ltd.
Where a prior user's mark and get-up are closely imitated by a later entrant in the same market, the prior user is entitled to interim protection against passing off.
Ad-interim InjunctionDeceptive SimilarityPassing OffPrior UserTrade MarksKaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories
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 MarksInfringementCopyrightOpella 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 (P) Ltd. v. J.P. & Co., Mysore
Deceptive similarity is judged by the overall impression on a person of average intelligence and imperfect recollection, not by a side-by-side comparison of details.
Deceptive SimilarityGet-upImperfect RecollectionInfringementTrade MarksS.M. Dyechem Ltd. v. Cadbury (India) Ltd.
Not good law on the test of deceptive similarity: see Cadila Health Care v. Cadila Pharmaceuticals (2001). Retained for its historical significance and its discussion of interim relief.
Deceptive SimilarityEssential FeaturesInterim InjunctionPICNICGeographical IndicationsScotch Whisky Association & Anr. v. Pravara Sahakari Shakar Karkhana Ltd.
Reputation and goodwill in a geographical class name vest collectively in the genuine producers of that class of goods, entitling any of them to restrain, by a passing off action, a trader who uses get-up, imagery or descriptive w…
Deceptive SimilarityExtended Passing OffGeographical IndicationPassing OffTrade MarksYahoo!, Inc. v. Akash Arora & Anr.
A domain name is capable of functioning as a trade mark and business identifier, and its use by another in a manner deceptively similar to a prior user's trade mark or domain name, likely to confuse an average internet user, is ac…
CybersquattingDeceptive SimilarityDomain NamesOnline Infringement