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.
7 results
for “Hospitality”
ADS Spirits Pvt. Ltd. v. The Registrar of Trade Marks
Section 9(1)(a) of the Trade Marks Act, 1999 proscribes registration only where a mark is devoid of distinctive character, that is, incapable of distinguishing the goods or services of one person from those of another; it does not…
Absolute Grounds for RefusalArbitrary MarkDistinctivenessNon-speaking OrderCopyrightAzure Hospitality Private Limited v. Phonographic Performance Limited
Pending trial, a user of sound recordings may be permitted to continue use on paying the copyright owner at the tariff of a registered copyright society, instead of being injuncted, where the owner is not itself a registered copyr…
Copyright SocietyInterim Injunction ModifiedPublic PerformanceRMPLTrade 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 InfringementCopyrightNovex Communications Private Limited v. Rhythm Hospitality Private Limited
An owner of copyright may license its own works and sue for infringement without being registered as a copyright society under Section 33(1) of the Copyright Act, 1957.
Copyright SocietyLicensing BusinessOwner's Right to SuePreliminary IssueCopyrightPhonographic Performance Limited v. Pass Code Hospitality Private Limited & Ors.
Pending decision on interim applications in public-performance disputes, courts may secure the copyright owner through an ad hoc licence-fee deposit arrangement.
HospitalityInterim ArrangementLicence FeePublic PerformanceTrade MarksRenaissance Hotel Holdings Inc. v. B. Vijaya Sai & Ors.
Section 29(4) of the Trade Marks Act applies only to marks used on dissimilar goods or services and cannot be invoked where the defendant's goods or services are identical to those of the registered proprietor, which instead falls…
Deceptive SimilarityDilutionSection 29(4)Trademark InfringementGeographical 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