Practice Area

Leading Indian IP Legal Case Studies


There have been numerous intellectual property law cases in India that form the basis of understanding the concept of Intellectual Property. We have tried our best to provide you with all the necessary information about the cases in a nutshell. 

Horlicks Limited And Ors. vs Kartick Sadhukan, Delhi High Court 2002 (25) PTC 126 Del

10 October 2013    Author: Rahul Cherian

This case revolves around the principle of infringement of trademark and copyright laws. HORLICKS Limited (hereinafter referred to as H) is a foreign company engaged in manufacturing of a wide range of food products, including foods for infants, children and invalids, malted milk, biscuits, toffees, etc. under the trademark...

Dr. Reddy's Laboratories Limited vs Manu Kosuri And Another, Delhi High Court 2001 (58) DRJ 241

16 October 2013    Author: Rahul Cherian

This case revolves around the concept of trademark infringement in law. DR. REDDY'S (hereinafter referred to as DRD) is a company which was established in the year 1984 for research and development activity in the field of medicine and has grown overtime into a large pharmaceutical organization.  The company has a strong...

Wipro Cyprus Private Limited v. Zeetel Electronics, Madras High Court 2010 (44) PTC 307 (Mad)

23 October 2013    Author: Rahul Cherian

This case is concerning the trademark rights arising from parallel import of a commodity. Wipro Cyprus Private Ltd had purchased the registered trademark named ‘Yardley’ and all its variants thereupon from Lornamaed Group Ltd which had registered the trademark in India under the Trade Marks Act, 1999. Thereafter, the company...

Novartis v. Union of India & Others, Supreme Court of India Civil Appeal No. 2706-2716 of 2013

27 October 2013    Author: Rahul Cherian

This is a landmark case concerning whether Novartis should be granted the right to patent Glivic, an anti-leukemia drug. The legal provisions dealing with the case are sections 2(1)(j), 2(1)(ja) and section 3(d) of the Indian Patent Act, 1970 (as amended in 2005).

Novartis had filed for a patent application of its beta...

Amar Nath Sehgal v. Union of India, Delhi High Court 2005 PTC (30) 253

01 November 2013    Author: Rahul Cherian

This is a landmark case decided by the Delhi High Court which for the first time upheld the moral right of an author for his work under the Indian Copyright Act.

Amar Nath Sehgal (hereinafter referred to as the plaintiff) was a renowned artist and sculptor. He created a mural to be placed in the lobby of Vigyan Bhawan, a...

Ellora Industries vs Banarsi Das Goela And Others, Delhi High Court AIR 1980 Delhi 254

01 November 2013    Author: Rahul Cherian

In this particular case the plaintiffs were a partnership firm and were the registered owners of the trade mark 'ELORA' in respect of watches, time-pieces, clocks and their parts. And have been selling clocks with the trade mark 'ELORA' since 1955. Later in October 1962 they found an advertisement issued by the defendants...

Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd., Supreme Court of India AIR 2004 SC 3540

01 November 2013    Author: Rahul Cherian

This is a very famous and landmark case where the Supreme Court of India decided on the issue of domain name protection for the first time in its history. This was the case wherein the apex court declared that the Indian Trade Marks Act, 1999 was applicable to the regulation of domain names as well.

Satyam Infoway...

Cadila Healthcare Limited vs. Cadila Pharmaceuticals Limited, Supreme Court of India (2001) 5 SCC 73

02 November 2013    Author: Rahul Cherian

This is a case concerning the concept of similarity of a trademark in law. In this case, Cadila Healthcare Limited (hereinafter referred to as the petitioner) and Cadila Pharmaceuticals Limited (hereinafter referred to as the respondent) were both pharmaceutical companies engaged in the business of manufacture and selling of...

Gramophone Co. Of India Ltd vs. Mars Recording Pvt.Ltd. & Another, Supreme Court of India 1996 PTC (16) 252

02 November 2013    Author: Rahul Cherian

This case is a landmark case dealing with the concept of statutory licensing of a copyright in law. The case was decided by the Division Bench of the Supreme Court comprising of Justice S.R.Babu and Justice S.V.Patil.

Mars Recording Pvt. Ltd (hereinafter referred to as the respondent) was into the business of recording...

Jolen Inc. v. Doctor & Company, Delhi High Court 2002 PTC (25) 29

02 November 2013    Author: Rahul Cherian

This is a case dealing with the concept of ‘dilution’ in trademark law. It is a concept in trademark law whereby the owner of a famous and known trademark enjoys the exclusive right to forbid others from using the same mark in such a manner that it would lessen the uniqueness of the trademark. It usually happens as a result...

Burlington Home Shopping v. Rajnish Chibber & Another, Delhi High Court 1995 PTC (15) 278

03 November 2013    Author: Rahul Cherian

This is a landmark case which laid to rest the confusion whether a database consisting of certain compilation of data could be the subject matter of a copyright and henceforth claim rights under law.  

Burlington Home Shopping (hereinafter referred to as the plaintiff) was a mail order service company engaged in the...

ICC Development International v. Arvee Enterprises & Another, Delhi High Court 2003 PTC (26) 228

03 November 2013    Author: Rahul Cherian

This is a case concerning the principle of ambush marketing. It is a form of marketing strategy whereby the advertisers associate themselves with an organization or a brand so as to capitalize on a particular event without paying any sponsorship fee towards the latter.

ICC Development (International) Ltd. (hereinafter to as...

N.R. Dongre And Ors. vs Whirlpool Corporation And Another, Supreme Court of India 1996 (2) ARBLR 488 SC

03 November 2013    Author: Rahul Cherian

This is a landmark case concerning the trans-border reputation and good will of a company. Whirlpool Corporation is an American multinational manufacturer and marketer of home appliances. The company as of 1957 had 2000 trademark registrations all over the world across 65 countries through itself and through its...

Century Traders v. Roshan Lal, Delhi High Court AIR 1978 Delhi 250, 15 (1979) DLT 269

04 November 2013    Author: Rahul Cherian

This case was decided by the division bench of the Delhi High Court comprising of Justice P Narain and Justice P S Safeer on the issue of passing off of the goods bearing the appellant’s [Century's Traders] trademark by the respondent [Roshal Lal]. The appeal was directed against the order of a learned Single Judge bench of...

Colgate Palmolive Co. Ltd & Another. vs. Mr. Patel & Others., Delhi High Court 2005 PTC (31) 583

04 November 2013    Author: Rahul Cherian

This is a case relating to the legal principle of infringement of a trademark. It was decided by a Single Judge Bench of the Delhi High Court comprising of Justice M Mudgal.

Colgate Palmolive Co. Limited (hereinafter referred to as the plaintiffs) is a company that has been manufacturing and marketing dental products in...

Lakhanpal National Ltd vs M.R.T.P. Commission And Another, Supreme Court of India 1989 AIR 1692

04 November 2013    Author: Rahul Cherian

This is a case concerning the legal principle of Unfair Trade practice. Section 36A(1)(i) to (v) of Monopolies and Restrictive Trade Practices Act, 1969 (repealed by Competition Act, 2002) lays down the definition and also what constitutes unfair trade practice. For the purposes of this case only sub-clauses (i) and (v) are...

Playboy Enterprises v. Bharat Malik & Another, Delhi High Court 2001 PTC (21) 328

04 November 2013    Author: Rahul Cherian

This is a landmark case infringement of a foreign trademark. The courts in India have always held that a trademark even though not registered in India enjoys equal protection under law if it enjoys considerable amount of good will and brand name elsewhere in other parts of the world.

Playboy Enterprises Incorporation...

William Grant & Sons Ltd. v. McDowell & Co. Ltd, Delhi High Court 1994 (30) DRJ 105

04 November 2013    Author: Rahul Cherian

This is a landmark case dealing with the issue of trade dress. This was the first case wherein an Indian court had dealt with the matter of trade dress in such great depth and intensity. It is also a case where the courts in India have gone on to recognize the trademark rights of foreign company owners and protected them.

John Richard Brady & Others. v. Chemical Process Equipment Pvt. Ltd, Delhi High Court AIR 1987 Delhi 372

05 November 2013    Author: Rahul Cherian

This is a case concerning the legal principle of copyright infringement involving trade secrets and engineering. John Richard Brady (hereinafter referred to as Brady) was a Mechanical Engineer from the U.S and also the President and Managing Director of Fometa Overseas S.A. Castellana, Madrid, Spain. He conceived the idea of...

Time Warner Entertainment Co. v. A. K. Das & Others, Delhi High Court 1997 PTC 17

25 November 2013    Author: Rahul Cherian

This is a case concerning the concept of passing off in trademark law. Passing off is where a person or an organization tries to sell off their products using the brand name and goodwill of another organization that is commercially in a better standing than the former.

Time Warner Entertainment Company, L.P (hereinafter...