Well-Known Trademarks & Passing Off Case Laws

Disputes involving international brands, or high-value passing-off claims between established Indian companies, turn on a different set of questions than a routine opposition: does reputation earned abroad, or through advertising alone, count in India? And once infringement is proven, what remedies and costs can a court actually award? These two judgments are the standing answers.

Cases in this category

• N.R. Dongre v. Whirlpool Corporation — the doctrine of trans-border reputation: a foreign mark's reputation can reach India through advertising and publicity alone.
• Mondelez/Cadbury India v. Neeraj Food Products ("Gems" v. "James Bond") — a recent, high-value example of the damages and costs courts will award for sustained infringement.

How to use these citations effectively

Whirlpool is the citation to reach for whenever a client's international reputation predates their formal Indian registration or launch. Cadbury v. Neeraj is useful less for the similarity finding and more for setting client expectations on the commercial risk of continuing to sell an infringing product line during litigation.