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.
19 results
for “Permanent Injunction”
Acqua Minerals Limited v. Pramod Borse & Anr.
Registration of a domain name identical or deceptively similar to another's well-known trade mark, by a person having no legitimate connection with that mark and who seeks to profit from its transfer, amounts to bad faith cybersqu…
Bad Faith AdoptionCybersquattingDomain NamesPassing OffCopyrightAmar Nath Sehgal v. Union of India & Anr.
The special or moral rights of an author under Section 57 of the Copyright Act, 1957 are independent of the economic rights of copyright and survive assignment of the work; they protect the author's personality, honour and reputat…
Artistic WorkAssignment And LicensingCultural HeritageIntegrity RightPatentsCommunication Components Antenna Inc. v. Rosenberger Hochfrequenztechnik GmbH & Co. KG & Ors.
After trial, a patentee who defeats a revocation counterclaim and proves infringement is entitled to a permanent injunction and compensatory damages, which may be calculated on the defendant's disclosed sales.
AntennaDamagesPatent InfringementPermanent InjunctionOtherD.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors.
Every individual, and particularly a celebrity, possesses an enforceable right of publicity in the commercial value of his persona, including name, likeness, voice, style and mannerisms, which can be licensed to a corporate entity…
Character MerchandisingFalse EndorsementPassing OffPersonality RightsCopyrightDAZN Limited & Anr. v. Back.methstreamer.com & Ors.
Websites that are substantially and primarily dedicated to unauthorised communication to the public of exclusively licensed broadcasts may be restrained by a permanent, whole-site injunction under Section 37 of the Copyright Act, …
Broadcasting RightsCopyright InfringementDigital PlatformsDynamic InjunctionTrade MarksEmcure Pharmaceuticals Limited v. Emsure Pharmaceutical Private Limited
Where a defendant adopts a name and mark closely resembling a pharmaceutical company's established mark and does not contest the suit, a permanent injunction and actual costs may be decreed.
Actual CostsEMCUREEMSUREEx Parte DecreePatentsKoninklijke Philips N.V. v. Maj. (Retd.) Sukesh Behl & Anr.
A defendant cannot avoid liability for infringing a standard essential patent by pointing to the existence of obligations to license on fair, reasonable and non-discriminatory terms; once essentiality and infringement are establis…
DamagesFRANDPatent InfringementSection 3(k)Trade 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 MarksTrade 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 InfringementTrade MarksOpella Healthcare Group v. Pureca Laboratories Pvt Ltd (Trade Marks)
Where a coordinate bench, following an unchallenged rectification order, has found the mark in question deceptively similar to the plaintiff's registered mark, the defendant has no real prospect of successfully defending the infri…
Deceptive SimilarityPassing OffPharmaceutical MarksPrior Use