Calcutta High Court
384 cases · page 12 of 13
Showing 331–359Khadim Shoe Pvt. Ltd. v.Bata India Ltd.
Khadim Shoe Pvt. Ltd. filed an application seeking cancellation of Bata India Ltd.'s registered design (No. 177386) on the ground that it was published prior to registration. Khadim presented evidence, including print advertisements and television footage shown in slow motion, arguing that the public had been made aware of the design before its official registration.
Electrosteel Castings Ltd. v.Saw Pipes Ltd. And Ors.
The appellant, Electrosteel Castings Ltd., appealed an interlocutory order against six former employees who joined a rival manufacturer, Saw Pipes Ltd. The dispute centered on whether the employees breached contractual clauses prohibiting them from working for competitors and disclosing trade secrets related to ductile iron pipe manufacturing. The court dismissed the appeal, noting that while know-how exists, enforcing restrictive covenants is difficult, but upheld the existing injunction against divulging secrets.
Iag Company Ltd. v.Triveni Glass Ltd.
Iag Company Ltd. appealed the refusal of an interim injunction application alleging infringement of its registered figured glass design 'Karatchi' (No. 183322). The respondent argued that the design was neither new nor original and was in public knowledge, being manufactured using widely available embossing rollers internationally. The Court dismissed the appeal, affirming the lower court's finding against granting the injunction.
Iag Co. Ltd. v.Triveni Glass Ltd.
Iag Co. Ltd. filed a suit seeking permanent injunctions against Triveni Glass Ltd. for infringing its registered glass design 'KARATACHI' (No. 183322), and subsequently filed an interlocutory application for interim relief. The plaintiff claimed exclusive rights over the design, but the court found that the plaintiff failed to prove they were the original proprietor of a new design, suggesting it was sourced from the international market.
Saloo Choudhury And Anr. v.Nissan Europe N.V. And Ors.
The plaintiffs, motor enthusiasts, sued Nissan Motors and its agents alleging breach of contract and fraud after the defendants used their photographs and circumnavigation event for promotional purposes without permission. The defendant sought revocation of leave and dismissal of the suit, arguing lack of jurisdiction and that the suit was vexatious.
Jagadamba Fiscal Services Pvt. Ltd. v.Birla Corporation Ltd. And Anr.
This appeal before the Calcutta High Court challenged an interim order granted by a lower court in a passing-off suit concerning cement products. The plaintiff alleged that the defendant was deceptively using the trademark 'Durgapur Cement' and similar trade dress to pass off its goods as those of the petitioner. However, the appellate bench set aside the interim injunction, finding that the initial order failed to consider established legal factors for passing off actions and did not allow the appellant a proper opportunity to present its defense.
T.I. Raleign Industries Limited And ... v.Cycle Corporation Of India Ltd.
The Calcutta High Court granted leave to the respondents (T.I. Raleign Industries) to enter into an agreement allowing a third-party manufacturer (Avery Cycle Industries Ltd.) to use their registered trademarks. This decision was made despite previous judicial restrictions preventing such assignments or licenses, recognizing that the applicants sought statutory permission for user rights. The court imposed strict conditions, requiring the parties to substantiate bonafide intent and act within an eight-week timeframe, emphasizing that this order did not constitute a final judgment on the merits.
Danieli A C Officine Maccaniche Spa v.Controller Of Patents & Designs
The petitioner filed a patent application claiming priority based on an earlier basic application made in Italy. The Controller refused to process the application because, at the time of the basic application (1994), Italy had not been declared a convention country under Section 133 of the Patents Act, 1970. The High Court upheld the Controller's decision.
Polar Industries Ltd. v.Usha International Ltd.
Polar Industries Ltd. sought an injunction against Usha International Ltd. for infringing its registered design (No. 173791) on portable table fans and passing off. The court examined both designs and found them dissimilar in shape, configuration, and ornamentation.
Reckitt & Colman Of India Ltd. v.Jyothi Laboratories Ltd.
Reckitt & Colman (appellant) challenged advertisements by Jyothi Laboratories (respondent) that allegedly disparaged its whitening agent, 'Robin Blue', in favor of the respondent's product, 'Ujala'. The appeal concerned a third advertisement, leading to a dispute over whether the court should interfere with interim orders.
Gramophone Company Of India Limited v.Shanti Films Corporation And Others
This case involves a dispute between Gramophone Company Of India Limited and Shanti Films Corporation concerning the rights associated with the film 'SHATRU'. The core issue revolves around an agreement where the producer assigned extensive copyright, performing rights, and exclusive rights to make records of contract works to the company. The court addressed contractual obligations regarding sound track usage and also considered procedural challenges raised by the plaintiff regarding mis-statements about royalty payments in the pleadings.
Hindusthan Lever Limited v.Godrej Soaps Limited And Others
Hindusthan Lever Limited filed an application for temporary injunction alleging that Godrej Soaps Limited and others were infringing its Patent No. 170171 by manufacturing and selling toilet soap under the brand 'VIGIL' with a composition covered by the patent. The court examined the compositional similarities between the patented invention and the impugned product.
The Industrial Gases Ltd. v.Kamrup Industrial Gases Ltd.
The Industrial Gases Ltd. appealed an order refusing them an interim injunction concerning Patent No. 169335. The court examined the principles governing interlocutory injunctions, noting that the Trial Judge had exercised discretion in denying the relief. Ultimately, the appellate court found no perversity in the Trial Judge's decision and dismissed the appeal.
Cycle Coporation Of India Ltd. v.T.I. Releigh Industries Pvt. Ltd. And ...
The Calcutta High Court dismissed Cycle Corporation of India Ltd.'s appeal seeking the removal and cancellation of 12 trade marks belonging to T.I. Raleigh Industries Pvt. Ltd., which relate to bicycles. The court found that despite the expiration of earlier collaboration agreements, the appellant's actions—including abandoning applications for permitted use while simultaneously filing for mark removal—demonstrated an attempt to take advantage of its own wrong. Furthermore, the court ruled that the Foreign Exchange Regulation Act did not apply because no royalty was payable under the usership agreement.
Calvin Klein Inc. v.International Apparel Syndicate
The Calcutta High Court granted an interim injunction in favor of Calvin Klein Inc. against International Apparel Syndicate, finding a prima facie case of passing off. The court determined that the respondents were deliberately attempting to deceive consumers by using marks and advertisements virtually identical to those of the petitioner. Despite the petitioner not having local registration or business presence in India, the court held that its international reputation was sufficient grounds for protection, making the interim order absolute.
Kabushiki Kaiha Toshiba (Toshiba) v.Toshbia Appliances Co.
This Calcutta High Court appeal addressed a challenge to the rectification of the 'TOSHIBA' trademark registration in Class 7. The core dispute centered on whether the respondent had the requisite locus standi to seek removal of the mark based on non-use, given that they had never manufactured or sold washing machines or spin dryers. While the court acknowledged issues regarding the application of Section 46(1)(a) versus other sections, it ultimately dismissed the appeal after the respondent conceded that the rectification should be limited only to the two specific goods in question.
M/S. J.N. Nichols (Vimto) Limited v.Rose & Thistle And Another
This Calcutta High Court judgment addressed an application to remove a registered trademark based on non-use. The core issue was whether 'special circumstances in the trade' could excuse the proprietor from meeting the statutory requirement of continuous use for five years or more. The court ultimately found that the existence of a similar product (Vimto) being sold despite import restrictions negated the claim of special circumstances, leading to the dismissal of the appeal.
Esbi Transmissions Private Ltd. v.Collector Of Central Excise
Esbi Transmissions Private Ltd. challenged show cause notices issued by the Central Excise Department regarding its eligibility for SSI benefits while manufacturing 'Vulcan' diaphragm couplings. The department alleged that since a German company also used the 'VULCAN' trade name, Esbi was infringing on foreign rights and thus ineligible for duty exemptions. However, the Calcutta High Court ruled in favor of Esbi Transmissions, affirming that as the registered owner of the trademark 'Vulcan' in India, its use did not violate any provisions regarding third-party branding.
Express Bottlers Services Private Ltd. v.Pepsico Inc. And Ors.
This Calcutta High Court case addressed an application to remove the marks 'Pepsi' and 'Pepsi Cola' from the register based on non-use under Section 46 of the Trade & Merchandise Marks Act, 1958. The petitioner argued that Pepsico Inc. had failed to use its trademarks for a continuous period of five years or more. However, the court ruled in favor of Pepsico, finding that due to severe government import restrictions and trade policies, the non-use was not intentional abandonment but rather a result of special circumstances. The court concluded that Pepsico maintained goodwill and reputation by using the marks in limited markets like bonded warehouses and embassies.
N.V. Philips Gloeilempenfabrieken Bindhhoven, Holland v.Commissioner Of Income-Tax (No. 1)
This case involved a dispute over whether payments received by N.V. Philips from an Indian company for providing technical knowledge regarding Vitamin D manufacturing constituted a technical assistance fee or royalty. The core issue revolved around the nature of the agreement, which granted exclusive use of confidential processes and information to the Indian company under strict secrecy terms. The court ultimately held that because the process was treated as an exclusive secret property by Philips, the payment bore the character of royalty.
Pradip Traders v.Collector Of Customs
Pradip Traders challenged the non-release of 'Angel' brand catheters by Customs Authorities, arguing they were duty-free and life-saving devices. The dispute also involved a prior trade mark infringement suit where Pradip Traders was restrained from marketing the released goods.
Tata Oil Mills Co. Ltd. v.Lokenath Chemical Works
Tata Oil Mills Co. Ltd. filed a suit seeking an injunction against Lokenath Chemical Works for infringing its registered bottle/container design (No. 94985). After negotiations, the parties reached a settlement agreement which was accepted by the plaintiff in toto. The court held that this acceptance created a binding contract.
Guest Keen Williams Ltd. v.Controller Of Patents & Designs
The petitioner applied for a patent for a rail clip adapter. The respondent (RDSO) filed an opposition based on prior public knowledge and use. The petitioner challenged the Deputy Controller's rejection of his application to introduce further evidence and cross-examine witnesses, arguing that the opposing affidavit was inadmissible. The High Court ultimately rejected the petition, upholding the Controller's discretionary power.
Govt. Of West Bengal v.Nitya Gopal Basak And Ors.
This appeal was filed by the State of West Bengal against an acquittal order concerning charges under the Copyright Act and Trade and Merchandise Marks Act. The core dispute centered on allegations that the respondents had knowingly infringed the copyright of a Bengali educational book, "Adarshalipi-O Saral Barna parichay." Although initial arguments focused on procedural requirements like registration and expert testimony, the court ultimately examined the content of both books.
Bijoli Grill Spencer'S Product v.Spencers & Co. Ltd.
Bijoli Grill Spencer's Product sought an injunction to protect its right to use the trade mark and trade name 'Spencer' in relation to mineral aerated waters, challenging Spencers & Co. Ltd.'s rights. The court examined the history of the marks and found that the petitioner could not establish a concurrent right.
Bayer Aktiengesellschaft Of ... v.Controller Of Patents, Government Of ...
The petitioner applied to rectify Patent No. 139978, arguing that the compound Chlorothio-N-Phthalimide should be granted a 14-year patent term instead of the 7 years fixed by the Controller. The respondent argued that the compound is a drug and that the application was barred by limitation.
Dolphin Laboratories Pvt. Ltd. v.Kaptab Pharmaceuticals
The plaintiff (Dolphin Laboratories) sued the defendant (Kaptab Pharmaceuticals) alleging infringement/passing off regarding the trade mark 'Amotid' for the drug Amoxycilin Tri-hydrale. The core legal controversy was whether the plaintiff, in its Section 120 suit, could restrain the defendant from filing a separate passing off suit. The court held that while the defendant must stop making unjustified threats, it retains the fundamental right to institute a passing off suit.
Income-Tax Officer And Ors. v.Shriram Bearings Ltd.
The Revenue challenged the High Court's decision regarding the taxability of payments made by Shriram Bearings Ltd. (an Indian company) to Nippon Soike Kabushiki Kaisha (N.S.K., a Japanese non-resident) for the purchase of trade secrets and technical know-how related to roller bearings. The court ruled that the transaction of selling trade secrets alone did not establish a 'business connection' in India, thus holding the payment was not taxable.
Chandra Bhan Agarwal And Anr. v.Arjundas Agarwal And Ors.
The appeal challenged the registration of the trade mark 'Dora' (No. 252040) used by H. P. Textile Mills for hosiery goods. The appellants argued that 'Dora' is a common, generic word meaning thread or stripe and thus lacked distinctiveness. The court agreed that while the design acquired some distinctiveness, no monopoly should be granted over the word 'Dora' simpliciter.
Gazipur Chemical Works And Ors. v.The Deputy Registrar Of Trade Marks And ...
This Calcutta High Court judgment addresses an appeal against the refusal to register a trade mark for 'Keora water.' The core dispute revolved around whether the proposed mark was deceptively similar or conflicted with existing registered marks held by the opponent. While the appellant argued that the Deputy Registrar erred in his assessment of similarity, the court ultimately upheld the registrar's decision. The judgment reinforces established principles regarding consumer perception and the necessity of considering the 'whole picture' when determining trade mark confusion.
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