Calcutta High Court
384 cases · page 10 of 13
Showing 271–299Hindustan Unilever Limited v.Messrs Marvellous & Anr.
The petitioner, Hindustan Unilever Limited, filed an action alleging infringement of its patent (No. 265864) covering a biocide cartridge used in a gravity-fed water purification device. The court found that the respondent company was dishonestly using the patented cartridge device and granted an order restraining such use.
Priya Food Products Ltd. v.Satya Sai Agroils Pvt Ltd.
The Calcutta High Court addressed a passing off dispute concerning the use of the mark 'Priya' for Soya Chunks. While acknowledging the respondent's prior general use of the mark, the court found that the petitioner had established significant and localized presence in the Eastern part of the country. Consequently, the court granted an interim protective order restraining the defendant from using the word Priya specifically in relation to Soya Chunks within that region.
Vishnuprasad Mohanlal Panchal (Alias Ashok Panchal) v.Hitesh Vishnuprasad Panchal
The appeal was filed under Section 19(2) of the Designs Act, 2000 against an order passed by the Assistant Controller of Patents and Designs. The appellant argued that there was an inordinate delay (more than two years) between the conclusion of the hearing and the delivery of the final order regarding registered design no. 222514.
Dr. Ambujaksha Mahanti v.Williamson Magor & Co. Ltd.
The petitioner filed an application seeking revocation of leave under clause 12 of the letters patent. The court found that the cause of action related to damages caused to a vehicle, which occurred outside the court's jurisdiction in Kolkata. Consequently, the leave was revoked.
Jasper Motors Private Ltd. v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.
The plaintiffs, holding a patent for an eco-friendly, battery-operated rickshaw design, alleged that the defendants were illegally importing, exporting, and selling the patented idea. Despite the lack of representation from the defendants, the court found them liable for infringing the patent.
M/S.Devans Modern Breweries Ltd. v.Controller Of Patents And Designs And Ors.
The appellant challenged the refusal of design registration (Application No. 233798) by the Assistant Controller of Patents and Designs, Kolkata. The High Court found that the Assistant Controller overlooked previous judicial observations regarding consistent application of registration parameters and incorrectly assessed the originality of the bottle design.
Sun Pharmadeuticals Industries Ltd. v.Stadmed Pvt. Ltd. & Anr.
The Calcutta High Court allowed an application for amendment of the cause title, recognizing that the rights in the trademark 'ZOLAM' had been transferred from Sun Pharmadeuticals Industries Ltd. to Sun Pharma Laboratories Limited via a sanctioned scheme of arrangement. The court found the plaintiff's case unimpeachable and ruled that the successor company was entitled to continue the legal proceedings without delay.
Siemens Aktiengesellschaft v.The Controller General Of Patents, Designs and Trademarks & Anr.
Siemens Aktiengesellschaft appealed against an order passed by the Assistant Controller of Patents and Designs. The court found that the authority rendered the decision without granting the petitioner's representative a proper opportunity to clarify objections, despite the petitioner having requested accommodation for his absence. Consequently, the impugned decision was set aside and the matter was remanded for a de novo hearing.
Sunny Sales & Others v.Binod Khanna
The Calcutta High Court refused the plaintiffs' interim application for an injunction against the use of the trade mark 'LIPU' (and similarly 'SUNSHINE'). The court emphasized that while both parties claimed long-standing usage, neither had established exclusive rights. Given that both were importers sourcing goods from multiple manufacturers in China, and registration applications were recent, the court found no justification for granting an immediate injunction. However, the defendant was directed to maintain detailed sales accounts throughout the litigation.
Sun Pharmaceuticals Industries Ltd v.Midley Pharmaceuticals Limied
This Calcutta High Court case involves a passing-off dispute between Sun Pharmaceuticals and Midley Pharmaceuticals concerning the trademarks CARDIVAS and CARVAS. The court framed ten detailed issues, focusing on whether the plaintiff is the proprietor of CARDIVAS, whether the defendant's mark CARVAS is confusingly similar or an imitation, and ultimately, whether the defendant is engaging in passing off. The case was fixed for settlement of these complex trademark infringement claims.
Mr. Gigaram M.Patel v.The Assistant Controller Of Patents & Designs & Anr.
Mr. Gigaram M.Patel appealed a decision by the Assistant Controller of Patents & Designs regarding the cancellation of a registered design (No. 225589). The High Court set aside the original order, finding that the petitioner was not given adequate opportunity to produce the complete set of Yellow Pages necessary to establish the date of publication.
Mr Arnab Basu & Ors. v.Monginis Foods Pvt. Ltd.
The Calcutta High Court modified an existing ex parte interim order in the dispute between Mr Arnab Basu & Ors. and Monginis Foods Pvt. Ltd. The court acknowledged the long-standing use of the 'Monginis' brand by the plaintiffs since 1989, despite their manufacturing other products. To balance the interests of both parties, the court mandated that the plaintiffs must continue to dedicate at least 80% of their manufacturing capacity and display Monginis products in proportion within their outlets, ensuring no interference with the plaintiffs' business while protecting the defendant's brand rights.
General Electric Co. v.Controller Of Patents Designs
General Electric Co. filed an appeal regarding TMA No. 4 of 1999 before the Calcutta High Court. The petitioner argued that the appeal should be transferred to the Intellectual Property Appellate Board (IPAB) due to amendments in the Trade Mark Act, 1999.
Dolphin Laboratories P. Ltd. v.Deputy Registrar Of Trademark
The Calcutta High Court addressed an appeal filed by Dolphin Laboratories P. Ltd. against the Deputy Registrar of Trademark. The petitioner argued that the appeal should be transferred to the Intellectual Property Appellate Board (IPAB) due to amendments made to the Trade Mark Act, 1999. Consequently, the court recorded the disposal of TMA No. 2195 of 1995.
Reckitt Benckiser (India) Ltd. v.Hindustan Unilever Ltd.
The dispute involved multiple suits where both parties objected to each other's advertisements, alleging disparagement. The ads compared products like Dettol antiseptic liquid, Vim cleansing liquid, Lifebuoy soap, and Dettol cleaning liquid regarding their germ-killing or protective effects.
Saregama India Ltd. v.Alkesh Gupta & Ors.
The petitioners filed for interim relief seeking orders to restrain websites from streaming their copyrighted sound recordings. The respondents argued that personal use is permitted and ISPs should not act as watchdogs. The Court found infringement occurred through commercial exploitation via streaming and directed an injunction against the specified websites.
Tega Industries Ltd v.Kaveri Ultra Polymers (P) Ltd
Tega Industries Ltd filed a suit for perpetual injunction alleging that Kaveri Ultra Polymers (P) Ltd was infringing its patented improved screen panel and fixing arrangement. The court, finding the patent valid and subsisting, granted an interim order restraining the respondent from further infringement.
Asha Audio Company And Anr. v.Om Prakash Sonik & Ors.
Asha Audio Company filed a suit seeking royalties from a copyright society (Respondent No. 4), arguing that Section 19(9) and 19(10) entitle authors to equal shares of royalties, even outside cinematographic films. The dispute centered on the re-registration process of the society, where a show cause notice was issued regarding non-payment of royalties, leading the petitioner to seek an interim injunction against disbursement.
Anchor Health And Beauty Care Pvt. Ltd v.The Controller Of Patents And Designs & Another
The appellant filed an appeal challenging the Controller's dismissal of its application to cancel several registered toothbrush designs. The appellant argued that these designs lacked novelty, were prior published, or were merely functional/trade variants. The High Court dismissed the appeal, finding that design 176343 was original and new based on its unique combination of shape, configuration, ribs, and etchings.
Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another
The appellant filed an appeal seeking cancellation of several registered toothbrush designs, arguing they lacked originality, were mere trade variations, or were prior published. The respondent argued that the designs possessed novelty in their shape and configuration, particularly when combined, and that the Controller's original finding was correct. The High Court dismissed the appeal, upholding the registration.
Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another
The appellant challenged the Controller's decision to uphold the registration of several toothbrush designs, arguing they lacked novelty and were merely trade variants. The court found that certain registered designs were not original or new, particularly when compared to earlier published designs, leading to the setting aside of the Controller's order.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed against the rejection of its application for cancellation of a registered design. The appellant argued that the design was prior published, evidenced by sales and advertisements from 2003-2005. The High Court set aside the Controller's order due to non-appreciation of material evidence and remanded the matter back to the Controller for consideration of merits.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed a rejection order by the Controller of Patents, challenging the decision that its registered design could not be cancelled. The appellant argued that the design had been prior published and that the Controller failed to consider crucial evidence from a suit filed in Ludhiana. The High Court set aside the Controller's order due to non-appreciation of materials and remanded the matter for further consideration.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd. appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application for their registered design. The core issue was whether the design, which was created while Mr. Saraswat (a director) was employed with the appellant company, could be considered prior publication when he later used it for his respondent company.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd. appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application under Section 19 of the 2000 Act. The appellant argued that the design was created while its director, Mr. Saraswat, was employed with them, making the subsequent use by his new company improper.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application under Section 19 of the 2000 Act. The appellant argued that the design was created during the employment of Mr. Chandresh Santosh Kumar Saraswat, who later joined the respondent company. The High Court set aside the Controller's order, finding that the prior publication ground was not properly considered.
K. C. Das Pvt. Ltd. & Anr. v.K. C. Dass
The Calcutta High Court allowed an appeal filed by K. C. Das Pvt. Ltd., finding that the respondent, K. C. Dass, was engaging in passing off due to the use of a deceptively similar stylized mark. Although the defendant's business (readymade garments) was different from the plaintiff's (sweetmeats), the court held that adopting the same unique artistic style and font created sufficient confusion in the market. Consequently, the court set aside the lower court's order and granted an injunction preventing the respondent from using the plaintiff's distinctive stylistic presentation of its trade name.
M/S.Avanti Overseas Pvt. Ltd. v.M/S. Arjan Impex Pvt. Ltd. & Anr.
M/S. Avanti Overseas Pvt. Ltd. appealed against an order passed by a learned single Judge refusing to condone the delay in filing an application for restoration of an appeal under Section 36 of the Designs Act, 2000. The High Court dismissed the appeal, holding that the impugned order was not appealable before the Division Bench.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd. challenged the order dated 30th June, 2010, which cancelled their registered design citing prior publication. The court found prima facie grounds to warrant a stay of this cancellation order.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd. challenged the cancellation of its registered design by The Assistant Controller Of Patents And Designs & Anr., which was based on alleged prior publication. The High Court found the basis for this finding questionable and granted a stay on the impugned order.
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