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.
6 results
for “Trade Name”
Kirloskar Diesel Recon Pvt. Ltd. & Anr. v. Kirloskar Proprietary Ltd. & Ors.
A house mark and trade name with a long-standing reputation across a range of businesses, such as KIRLOSKAR, may be protected against its adoption as part of another's trade name, even where the goods or services differ.
Different GoodsHouse MarkInterim InjunctionKIRLOSKARTrade 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 MarksMahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd.
A trader may be restrained at the interim stage from adopting a corporate or trade name deceptively similar to a widely reputed name, even for a different line of business, where it is likely to cause confusion or suggest a trade …
Corporate NameDissimilar GoodsInterim InjunctionPassing OffTrade MarksRefex Industries Limited v. Regional Director, Northern Region, Ministry of Corporate Affairs & Anr.
A company name identical to or closely resembling an existing company's name and mark may be ordered to be changed, and the Regional Director's refusal to do so can be set aside in writ jurisdiction by the IP Division.
Company NameRectification of NameRegional DirectorTrade NameTrade 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 InfringementTrade MarksS. Syed Mohideen v. P. Sulochana Bai
Under the scheme of the Trade Marks Act, 1999, the rights of a prior user of a trade mark are superior to the rights flowing from registration, and the statutory remedy of passing off under Section 27(2) remains available to a pri…
Deceptive SimilarityGoodwillPassing OffPrior User