Volume : II, Issue : X, October - 2013

A Case Study on IPR Infringement from Indian Consumer Goods Sector

Suvrashis Sarkar, Dr. Stephen D Silva

Abstract :

The case discussed is important considering infringement of Intellectual property rights (IPR) involving trademark, copyright and also passing–off between two ands: Duck back and Dack Back. The case starts with plaintiff‘s first suit for infringement of registered trademark DUCK BACK in Class 25. Defendant denied infringement and invoked O2 r2 (3)CPC following which Trial Court dismissed the plaintiff‘s second suit (for infringement of trademark rights and copyright and passing–off of their registered trademark DUCK BACK) as barred under O2 r2 (3)CPC. On appeal, the Single Judge confirmed the Trial Court‘s order but found for the plaintiff in the passing–off action. The plaintiff was granted leave to appeal to the Supreme Court. The Supreme Court held that the plaintiff had fresh cause of action in the second suit due to the defendant’s continuing acts of infringement and passing–off. The defendant was completely barred from invoking O2r2(3)CPC for not producing plaint of original suit as evidence. The plaintiff‘s appeal was allowed with costs. The order of the High Court confirming the decision of the Trial Court was set aside. This case describes continuous infringement of Trademark and Copyright, and Passing–off .

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Article: Download PDF   DOI : 10.36106/ijsr  

Cite This Article:

Suvrashis Sarkar, Dr. Stephen D�Silva / A Case Study on IPR Infringement from Indian Consumer Goods Sector / International Journal of Scientific Research, Vol.2, Issue.10 October 2013

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