Whether the use of the Plaintiff’s logos, marks and images by the Defendants is protected under Section 79 of the Information Technology Act 2000?
Whether the Plaintiffs are entitled to relief, if yes, in what terms?
The Inwood Test, laid out in the case of Inwood Laboratories Inc. v. Ives Laboratories Inv. (1982) is applied primarily to merchants and original producers of goods to monitor and control the instrumentality of infringements. The crux of the Test lies in the general knowledge or awareness that a service is being used in order to sell counterfeit goods.