Calcutta High Court
425 cases · page 11 of 15
Showing 301–329Atul Narsibhai Patel v.Assistant Controller Of Patents And Designs & Anr.
The petitioner appealed against the cancellation of Design No. 211639 (a seal for packaging). The Assistant Controller cancelled the registration finding that the design was not new or original because its features were strikingly similar to prior published and registered designs, specifically nos. 179570 and 205871.
Atul Narsibhai Patel v.The Assistant Controller Of Patents & Designs & Ors.
The petitioner appealed against the cancellation of his registered seal design (Design No. 200628). The dispute centered on whether the design lacked novelty or originality due to its similarity to features depicted in an earlier tender document published by the Gujarat Electricity Board. The High Court upheld the Assistant Controller's decision, finding that the prior publication defeated the right of registration.
ITC Ltd. v.Irinjalakuda Town Co-Operative Bank Ltd. & Ors.
The court addressed a matter involving ITC Ltd. and Irinjalakuda Town Co-Operative Bank Ltd., where the defendant applied for the revocation of leave granted under clause 12 of the Letters Patent. The court noted that the defendants' application was crucial, especially regarding whether the plaintiff could take advantage under Section 134(2) of the Trade Marks Act, 1999.
Reckitt Benckiser Australia Pty. Ltd. v.Controller Of Patents And Designs & Ors.
The appeal challenged the Controller's order dated March 28, 2008, which cancelled three design registrations (184135, 184136, and 184137) belonging to Reckitt Benckiser. The appellant argued that the cancellation proceedings were flawed due to denial of cross-examination. However, the High Court dismissed the appeals, finding no violation of natural justice and upholding the Controller's decision.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
The appellant challenged the registration of Design No. 180660 ('Container Lid'), arguing that it was neither new nor original, having been previously registered (Design Nos. 177677 and 177678) and prior published in 1997. The respondent argued that Design No. 180660 possessed distinct features making it novel compared to the earlier designs. The High Court upheld the lower authority's finding, concluding that Design 180660 was new and original.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
Yash Plastomet Pvt. Ltd. appealed the dismissal of its application to cancel Design No. 187706 (a 'Container'). The appellant argued that the design was not new because it had been previously published in October 1997 and registered earlier. The High Court dismissed the appeal, upholding the Controller's order, finding no sufficient evidence of prior publication or novelty.
Shomenath Roy Chowdhury v.Eskag Pharma Private Limited
This case involves a dispute over a patent held by Shomenath Roy Chowdhury for a therapeutic composition used in wound healing, marketed as 'Dresin'. The petitioner alleged that Eskag Pharma Private Limited was manufacturing and marketing a similar product under the name 'Sufrate TP', constituting infringement. While the petitioner sought an immediate injunction, the court recognized the need to hear the defense, which primarily argued that the ingredients were well-known in the medicinal field. Consequently, instead of granting an outright ban, the Court appointed a Special Officer to inventory the respondent's stock.
Eveready Industries India Ltd v.Roshanlal Jain & Anr
In this trademark dispute, Eveready Industries India Ltd filed a suit alleging both trademark infringement and passing off against Roshanlal Jain & Anr. The Calcutta High Court admitted the plaint subject to seeking leave under Clause 14 of the Letters Patent. The court granted leave under Order 2 Rule 2 CPC and directed the defendants to respond regarding the application for Clause 14 leave, allowing the litigation to proceed.
emami limited v.patanjali ayurved limited
Emami Limited sued Patanjali Ayurved Limited for infringement of its registered trademark 'Kesh King' and design of a bottle, alleging that Patanjali’s ‘Kesh Kanti’ was deceptively similar and copied the bottle design, creating confusion among consumers. The Petitioner claimed significant turnover (Rs. 305.44 Crores) after acquiring rights to both the trademark and design.
Jasper Motors Private Limited v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.
The plaintiff, Jasper Motors Private Limited, filed a suit regarding matters arising under the Patents and Design Act. The court initially faced issues regarding the admission of the plaint and whether proper leave had been obtained under Clause 12 of the Letters Patent. The court ultimately granted the necessary leave and admitted the plaint.
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.
Hindustan 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.
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.
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.
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.
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 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 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.
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