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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.

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for “Get-up”

Copyright

Dr. Ashok M. Bhat v. Harichand Nagpal & Ors.

Bombay High Court

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 2A
Trade Marks

Heinz Italia & Anr. v. Dabur India Ltd.

Supreme Court of India · (2007) 6 SCC 1

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 User
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
Copyright

Opella Healthcare Group v. Pureca Laboratories Pvt Ltd (Copyright)

Delhi High Court

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 Design
Trade Marks

Parle Products (P) Ltd. v. J.P. & Co., Mysore

Supreme Court of India · AIR 1972 SC 1359

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 RecollectionInfringement
Trade Marks

S.M. Dyechem Ltd. v. Cadbury (India) Ltd.

Supreme Court of India · (2000) 5 SCC 573

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 InjunctionPICNIC
Geographical Indications

Scotch Whisky Association & Anr. v. Pravara Sahakari Shakar Karkhana Ltd.

Bombay High Court · AIR 1992 Bom 294

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 Off
Trade Marks

Yahoo!, Inc. v. Akash Arora & Anr.

Delhi High Court · 78 (1999) DLT 285

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