Deceptive similarity in trade dress can amount to passing off even without identical trademarks Summary This case is an important Indian authority on passing off and trade dress protection, particularly in the context of agricultural and food products. The Delhi High Court examined whether imitation of packaging, colour scheme, and overall visual appearance could mislead consumers, even when the brand names were not exactly the same. The judgment reinforced that goodwill in t

Parallel importation is lawful in India — trademark rights do not extend to controlling resale of genuine goods. Summary This case is a landmark Indian decision on parallel imports and trademark exhaustion. The dispute arose when Samsung sought to restrain Kapil Wadhwa from importing and selling genuine Samsung products that were lawfully purchased abroad but sold in India without Samsung’s authorization. The Delhi High Court examined whether trademark law allows a brand owne

A significant Indian decision clarifying intermediary liability and trademark use in online advertising and keyword searches. Summary This case addressed whether online platforms can be held liable for trademark infringement when third parties use registered trademarks as keywords or in online advertisements. Consim Info Pvt. Ltd., the owner of the popular matrimonial platform BharatMatrimony, filed a suit against Google India Pvt. Ltd. alleging misuse of its registered trade

A leading Indian judgment recognizing personality rights and celebrity publicity rights under trademark and passing-off law. Summary This case is a milestone in Indian intellectual property law concerning the protection of celebrity identity. DM Entertainment Pvt. Ltd., the company managing famous singer Daler Mehndi, filed a suit against Baby Gift House for unauthorized use of the name “Daler Mehndi” on dolls and merchandise. The Court examined whether using a celebrity’s na

A landmark decision balancing trademark rights with freedom of speech and criticism in the digital age. Summary This case addressed the tension between trademark protection and the right to free expression. Tata Sons, one of India’s most respected business conglomerates, sued Greenpeace International for using the “TATA” trademark and logo in an online game and campaign criticizing Tata’s involvement in a port project near the Olive Ridley turtles’ habitat. Tata alleged trade

A landmark Indian judgment recognizing domain names as valuable intellectual property and extending trademark protection principles to the internet era. Summary This case is one of India’s earliest and most important decisions dealing with domain name disputes. The Supreme Court examined whether domain names deserve the same legal protection as trademarks and whether passing off principles apply in cyberspace. Satyam Infoway, which owned and used the domain names “sify.com” a

A major ruling explaining distinctiveness, non-similarity of goods, and the limits of trademark monopoly when marks are visually/phonetic similar but goods differ. Summary The dispute involved the restaurant “Nandhini Deluxe,” which used the word “NANDHINI,” and the Karnataka Milk Federation (KMF), which marketed dairy products under the brand “NANDINI.” KMF claimed that the restaurant’s mark was deceptively similar to its well-known dairy mark. The Supreme Court held that al

A leading judgment explaining the prior user principle and the supremacy of common law rights over registered trademark rights. Summary This case centres on the conflict between a prior user of a trademark and a later registered proprietor. Syed Mohideen, who had been using the mark “Iruttukadai Halwa,” claimed that his use of the mark for many years gave him superior rights. Sulochana Bai, however, obtained registration for a similar mark and attempted to prevent Syed Mohide

Patent infringement dispute involving the famous Philips “VCD player technology” patent, establishing how courts assess essential features, evidence, and royalty for standardized technology. Summary This case concerns Philips, the global electronics company, which owned a Standard Essential Patent (SEP) relating to the technology used in Video CD (VCD) players. The defendants were manufacturing and selling VCD players in India without a license from Philips. Philips argued th

“SEP licensing must be fair — delays, avoidance, or opaque negotiations will not shield an implementer from FRAND obligations.” Summary This landmark Delhi High Court dispute centred on Ericsson’s Standard Essential Patents (SEPs) for 2G, 3G and EDGE technologies and Micromax’s use of these technologies in mobile devices without a FRAND licence. Micromax argued that Ericsson’s royalty demands were excessive and discriminatory. Ericsson maintained that Micromax continuously de

A defining Indian judgment establishing fairness in SEP licensing and preventing delaying tactics by smartphone manufacturers. Summary This case concerned Ericsson’s Standard Essential Patents (SEPs) covering 2G, 3G, and AMR technologies. Intex used these technologies in its mobile phones without securing a FRAND licence. Ericsson accused Intex of infringement, while Intex countered that Ericsson’s royalty demands were unfair, excessive, and anti-competitive. The Delhi High C

A significant patent dispute clarifying the scope of interim injunctions and technical comparison in mechanical patent infringement cases. Summary This case involved a high-profile patent battle between two major Indian automobile manufacturers—TVS Motor and Bajaj Auto—regarding a digital twin-spark ignition (DTSi) technology. Bajaj claimed that its patented DTSi engine technology was copied by TVS in its “Flame” motorcycle model. TVS denied the allegation, arguing that its e

A foundational Indian patent law ruling defining novelty, inventive step, and the test of obviousness. Summary : This case is one of the earliest and most influential Supreme Court judgments interpreting India’s patentability requirements. The dispute involved a patent granted for an improved pressure cooker lid mechanism. The defendant argued that the invention lacked novelty and was obvious to a person skilled in the art. The Supreme Court used this opportunity to lay down

A defining judgment affirming India’s power to grant compulsory licences for life-saving medicines. Summary : This case revolves around India’s first major compulsory licence granted to Natco Pharma for Bayer’s patented cancer drug Sorafenib Tosylate (Nexavar). Bayer argued that the licence violated its patent rights, while Natco contended that the drug was unaffordable and inadequately supplied in India. The IPAB and later the courts upheld the compulsory licence, emphasizin

A milestone ruling restricting evergreening and strengthening India’s public-interest patent standards. Summary : This case is one of the most influential patent decisions in India, dealing with the leukemia drug Glivec. Novartis sought a patent for an updated form of the active ingredient imatinib mesylate. The Patent Office rejected the application under Section 3(d), which bars patents for minor modifications unless they significantly enhance efficacy. The Supreme Court up

A landmark domain-name cybersquatting decision protecting famous trademarks against opportunistic registrants. Summary : This case marks one of the earliest and most influential UDRP decisions dealing with cybersquatting. The World Wrestling Federation (WWF, now WWE) filed a complaint stating that Michael Bosman had registered a domain name identical to their famous trademark with no legitimate purpose, and had attempted to sell it back to WWF for profit. The dispute clarifie

A defining case on celebrity name protection in domain disputes and bad-faith cybersquatting. Summary This case addressed whether the famous pop artist Madonna could recover the domain name madonna.com, which had been registered by Dan Parisi. Madonna argued that the registration exploited her global reputation and misled internet users. The panel confirmed that celebrities enjoy strong protection against domain registrations made in bad faith. Facts of the Case Madonna is a

A key decision that created the global “Oki Data Test” to determine when a reseller may legally use a trademark online. Summary This case concerned whether ASD, a reseller of genuine Oki Data products, could use the domain name okidataparts.com. Oki Data argued that using its mark in a domain name misled customers into believing ASD was an authorized dealer. The dispute resulted in the creation of the “Oki Data Test,” a standard used worldwide for deciding whether reseller us

A landmark decision that established when a domain name registered without active use can still amount to bad-faith registration. Short Description This influential WIPO arbitration decision under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) examined whether a domain name owner could be found guilty of “bad-faith registration” even when the domain was not actively used. Telstra, an Australian telecommunications giant, claimed that the domain telstra.org was wrongf

A landmark UK judgment establishing that internet service providers (ISPs) can be ordered by courts to block websites selling counterfeit goods. Summary Cartier, the luxury brand, discovered that several websites were selling counterfeit Cartier jewellery and watches. Since the operators of the infringing websites were located overseas and difficult to identify or prosecute, Cartier sought an order against major UK Internet Service Providers (including Sky, BT, Virgin Media)