Calcutta High Court
425 cases · page 14 of 15
Showing 391–419N.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.
Aluminium Company Of America v.Joint Controller Of Patents & Designs
The appellant filed an application for a patent relating to solid lobular Aluminium Chloride produced via desublimation. The Controller objected that the invention was not patentable under Section 5(b) because it involved a chemical process. The Calcutta High Court upheld this objection, ruling that since the substance is obtained through a larger chemical manufacturing process (chlorination of alumina), the final physical step of desublimation cannot be considered separately for patentability.
Imperial Chemical Industries Ltd. v.Controller General Of Patents, Designs ...
The appeal challenged an order passed by the Controller General regarding the settlement of terms for an interim license allowing manufacture of a patented catalyst. The patent covered a specific composition and process for steam reforming catalysts. The Calcutta High Court ultimately declined to interfere with the Controller's order, noting that the patent was nearing expiry.
The Imperial Tobacco Co. Of India Ltd. v.The Registrar Of Trade Marks And Anr.
The Imperial Tobacco Co. of India Ltd. appealed the Registrar's refusal to register its trade mark, which featured 'Simla' and snow-clad hills on cigarette packets. The court examined whether the geographical name could be registered despite being inherently non-distinctive, even with evidence of extensive sales.
Poysha Industries Co. Ltd. v.Dy. Controller Of Patents And Designs
Poysha Industries Co. Ltd. appealed against a decision regarding a patent application filed by Metal Box Company of India Ltd. The appeal focused on whether the claimed pil-ferproof container closure had been publicly used or known in India before the filing date. The court found that the appellants failed to establish prior public use, leading to the dismissal of the appeal.
Raytheon Company v.The Controller Of Patents And Designs
Raytheon Company appealed the refusal of its patent application (No. 133687) for an 'Imaging System'. The refusal was based on the opinion of the Central Government, which held that the invention related to atomic energy and thus could not be patented under Section 20 of the Atomic Energy Act, 1962. The High Court dismissed the appeal, holding that the direction of the Central Government is final and beyond challenge in an appeal under the Patents Act.
The J.B. Williams Co., Inc And Anr. v.Registrar Of Trade Marks And Ors.
The petitioner, a manufacturer and proprietor of several trade marks related to toilet preparations, applied to be registered as a sole registered user. The Registrar refused the application citing concerns about foreign exchange expenditure affecting indigenous brands. The High Court ruled in favor of the petitioner, holding that since the company was incorporated in India, it could not be classified as a foreign company for this purpose.
Prem Nath Mayer v.Registrar Of Trade Marks And Anr.
Prem Nath Mayer opposed the registration of 'Ma Durga Brand' for agricultural implements, claiming it was deceptively similar to his existing registered trade mark No. 12301. The High Court examined the legal principles governing opposition and deception, ultimately ruling in favor of the appellant.
Mac Laboratories Private Ltd. v.American Home Products Corporation And Registrar of Trade Marks
In this 1968 Calcutta High Court appeal, Mac Laboratories Private Ltd. successfully challenged the registration of the trademark 'Dristan' belonging to American Home Products Corporation. The court ruled that the original registration was contrary to law because there was no bona fide intention by the proprietor to use the mark in India. Furthermore, the appellant argued grounds including lack of distinctiveness and deceptive similarity to other marks, ultimately leading the court to allow the appeal and rectify the register.
Prem N. Mayor And Ors. v.Registrar Of Trade Marks And Ors.
This Calcutta High Court judgment addresses an appeal challenging the refusal of a trade mark registration. The appellant, holding the 'Lion Brand,' opposed the registration of 'Ma Durga Brand.' The court ultimately upheld the rejection, finding that despite both marks featuring a lion, the overall visual and conceptual differences—particularly the dominance of the goddess figure in the respondent's mark—prevented a likelihood of confusion or deception under Section 12(1) of the Trade and Merchandise Marks Act, 1958.
Western Engineering Co. v.Paul Engineering Co.
The petitioner applied for the revocation of the respondent's cycle lock design (No. 127199) under Section 51-A of the Indian Patents and Designs Act, 1911. The petitioner argued that their earlier registered design (No. 125728) was prior art and that the respondent's design lacked novelty or originality. After examining the designs, the court found sufficient similarity to allow the application.
Registrar Of Trade Marks And Anr. v.Kumar Ranjan Sen And Ors.
The dispute concerned the validity and cancellation of a trade mark registration ('A. P. C.') which was granted while a notice of opposition was pending. The lower court allowed an appeal against the cancellation order, arguing that the Deputy Registrar lacked jurisdiction. The High Court ultimately ruled that the Deputy Registrar had ample jurisdiction to cancel the registration.
Singer Manufacturing Co. v.The Registrar Of Trade Marks And Anr.
The Calcutta High Court dismissed Singer Manufacturing Co.'s appeal against the limitation placed on the trademark 'Sagar'. The court upheld the initial ruling that due to 'Sagar' being a proper name (surname), its registration was limited to specific goods ('sewing machines sold complete') unless distinctiveness could be proven. The judgment emphasized strict adherence to procedural fairness, noting that appeals cannot raise issues not previously argued before the lower authority.
Farbenfebriken Bayer Aktiengesellschaft v.Joint Controller Of Patents And Designs
The patentee, Farbenfebriken Bayer Aktiengesellschaft, appealed against the Controller's decision to grant compulsory licenses for two patents (Nos. 43678 and 43679) to Arlabs Private Limited. The petitioner sought a certificate under Article 133(1)(c) of the Constitution to appeal further to the Supreme Court.
Upendra Nath Dass And Sons v.T.C. Martin
The plaintiff (Upendra Nath Dass And Sons) filed a suit seeking an interim injunction against the defendant (T.C. Martin) for groundless threats related to Patent No. 63186, which covers crushing machines used in tea manufacturing. The plaintiffs argued that the patent was invalid and they were not infringing it. However, the court held that merely claiming the patent is invalid is insufficient; the plaintiff must unequivocally state that there has been no infringement of the patent.
London Rubber Co. Ltd. v.Durex Products (Incorporated)
London Rubber Co. Ltd., who held the trade mark 'Durex' in India, appealed against a decision allowing Durex Products Inc. to register the identical mark 'Durex' for contraceptives. The court examined whether the application violated Section 8 (likelihood to deceive or cause confusion) of the Trade Marks Act, 1940.
Hiralal Banjara And Anr. v.Union Of India (Uoi) And Anr.
The petitioner sought a writ of Mandamus directing the respondents to extend the term of their patent or grant a new one, arguing that successive applications for extension were permissible. The court held that based on the scheme of the Act, only one application for extension is contemplated, and once an extension is granted, the power for granting further extensions is exhausted.
Tropical Accumulators Ltd. v.Manash Ranjan Chakravarty
The dispute concerned whether Tropical Accumulators Ltd. (the plaintiff) could enforce its claim over the trade mark "Sakti" in a subordinate court, specifically regarding its status as a registered user versus the proprietor. The Calcutta High Court held that since the suit related to rights in a trade mark, it was incompetent to be filed in a court inferior to a District Court.
India Electric Works Ltd. v.Registrar Of Trade Marks
India Electric Works Ltd. appealed against the dismissal of its appeal (which itself was an appeal against the Registrar's refusal) regarding the registration of the word "India" as a trade mark for an electric fan. The court ultimately held that the appeal was incompetent because the single judge did not exercise jurisdiction in a manner contemplated by the Letters Patent.
Hiralal Banjara v.Bashiram Sharma And Ors.
Hiralal Banjara sought rectification of a patent register entry after the execution sale of his rights was set aside by the High Court. The case involved complex issues regarding the scope of the Controller's power and whether Hiralal Banjara qualified as an aggrieved person.
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