Calcutta High Court
384 cases · page 2 of 13
Showing 31–59Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute concerning the use of the trade name 'Sindharam Sanwarmal' fell under the ambit of 'Commercial Disputes' as defined by the Commercial Courts Act, 2015. The plaintiff argued that the matter arose from a family arrangement and was not commercial in nature. However, the court found that the reliefs sought, specifically perpetual injunctions restraining the use of the trade name, manifestly demonstrated an intellectual property dispute relating to trademarks. Consequently, the suit was held to be triable exclusively by a Commercial Court.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute over the use of the trade name 'Sindharam Sanwarmal' could be heard in a regular civil court or required a Commercial Court. The core issue revolved around classifying the conflict, which arose from a family arrangement concerning business goodwill, as a commercial dispute under the Commercial Courts Act, 2015. The court ultimately held that since the reliefs sought involved perpetual injunctions restraining the use of the trade name, the matter squarely fell within the purview of intellectual property rights and thus constituted a Commercial Suit.
PepsiCo, Inc. v.Jagdamba Foods Pvt. Ltd. And Anr.
PepsiCo successfully petitioned the Calcutta High Court for the cancellation of a similar trademark, 'JAY'S,' registered by Jagdamba Foods Pvt. Ltd. The court found that the impugned mark was phonetically identical and deceptively similar to PepsiCo's well-established brand, 'LAY'S.' Given the similarity in goods (snack foods) and the petitioner's immense goodwill, the court ruled that the registration of 'JAY'S' violated the Trademarks Act and must be cancelled.
M/S. Polo / Lauren Company, L.P. v.M/S. Loren Beautifiers Pvt. Ltd. And Anr.
The Calcutta High Court allowed an application for rectification filed by M/S. Polo / Lauren Company against a similar trademark, 'LOREN'. The petitioner argued that the respondent's mark was registered dishonestly and created a likelihood of confusion with their established global brand, 'RALPH LAUREN'. Crucially, the court noted that the impugned registration had long lapsed and no steps were taken by the respondent to renew it. Consequently, the court directed the removal and expunging of the expired trademark entry.
IFB Industries Limited v.Mehul Bharatbhai Vavdiya And Others
The Calcutta High Court admitted the plaint in the case of IFB Industries Limited vs Mehul Bharatbhai Vavdiya And Others. The court granted leave under relevant procedural rules, allowing the matter to proceed for scrutiny by the Department.
Pankaj Plastic Industries Private Limited v.Anita Anu
Pankaj Plastic Industries Private Limited filed a suit alleging trademark infringement and passing off against Anita Anu regarding the use of 'Poly Punkaj' for plastic goods. The core dispute revolved around whether the court should dispense with mandatory pre-suit mediation under Section 12A of the Commercial Courts Act, 2015. Although the plaintiff claimed urgency due to the defendant's alleged bad faith registration, the High Court ultimately dismissed the appeal. The judgment held that the plaintiff's prolonged delay in approaching the court demonstrated a lack of genuine urgency, leading to the revocation of leave and dismissal of the suit on procedural grounds.
Danone Asia Pacific Holdings Pte. Ltd. v.Syed Jawed Mohsin & Another
The Calcutta High Court allowed Danone Asia Pacific Holdings Pte. Ltd.'s application for the cancellation and rectification of the mark 'PROTIFIX'. The court found that PROTIFIX was deceptively similar to the petitioner's established trademark, PROTINEX, both visually and phonetically, leading to a high likelihood of consumer confusion in the healthcare goods market. Furthermore, the respondent failed to provide credible evidence of genuine use for the impugned mark, satisfying the grounds for cancellation under Section 47 of the Act.
Fox And Mandal And Anr v.Somabrata Mandal And Ors
This case involves an application filed by Fox And Mandal And Anr seeking to consolidate their civil suit (IP-COM/6/2025) with two other related proceedings, including a writ petition concerning trademark disputes. The core dispute revolves around rival claims over the partnership firm's mark 'Fox & Mandal'. However, the court rejected the consolidation request, finding that the current suit was stillborn and lacked sufficient material bearing to the issues in the other cases.
Base Se v.Deputy Controller Of Patents And Designs
The appeal challenged the Deputy Controller's order rejecting parts of the 'Pesticidal Mixture' patent application. The appellant argued that the rejection violated natural justice and misinterpreted Section 3(h) of the Act. The High Court set aside the impugned order, holding that a partial grant is untenable as it undermines the principle of unity of invention.
Vertex Pharmaceuticals Incorporated v.Deputy Controller Of Patents And Designs and Anr.
The petitioner, Vertex Pharmaceuticals Incorporated, filed an appeal against the Deputy Controller of Patents and Designs. The court addressed a preliminary issue regarding the maintainability of the matter raised by the respondent Controller.
Stromag Gmbh v.The Controller General Of Patents Designs And Trade Mark
Stromag Gmbh appealed the rejection of its patent application, 'HYDRAULICALLY ACTUATABLE DISK BRAKE AND AZIMUTH DRIVE', which was denied primarily due to a lack of inventive steps. The appellant argued that the rejection order failed to provide sufficient reasons and violated principles of natural justice. The High Court found the impugned order unsustainable for lacking reasoned analysis, setting it aside and remanding the matter.
Pharmacyclics Llc v.Deputy Controller Of Patents & Designs
Pharmacyclics Llc appealed the Deputy Controller's order rejecting its divisional patent application. The rejection was based on alleged scope changes and reliance on the parent application's claims. The High Court found that the divisional application should be treated as a substantive application, not bearing on the outcome of the parent, thus setting aside the impugned order.
Cyril Bath Company v.Controller Of Patents And Designs And Ors
Cyril Bath Company appealed an order that cursorily rejected its divisional application (application no. 1376/KOLNP/2013) on the ground that claim modifications were impermissible for PCT national phase applications. The High Court found the impugned order unsustainable and bereft of reasoning, mandating a reasoned decision by the Controller.
Biswanath Hosiery Mills Ltd v.Micky Metals Ltd And Anr
In this trademark rectification proceeding before the Calcutta High Court, the court noted that the petitioner's advocate-on-record was absent and no representative could furnish instructions. Due to the wastage of judicial time caused by the non-appearance, the court directed Biswanath Hosiery Mills Ltd to pay costs of Rs. 25,000/- to the respondents. The matter has been adjourned for further hearing.
Raaj Unocal Lubricants Limited v.Phillips 66 Company And Anr.
The Calcutta High Court addressed an application seeking the rectification and cancellation of a trademark dispute between Raaj Unocal Lubricants Limited and Phillips 66 Company. The court issued interim directions, requiring both parties to file their respective Affidavits-in-Opposition within three weeks from the judgment date. This procedural step moves the matter forward in the ongoing intellectual property litigation.
Marriott Worldwide Corporation v.Sunjoy Hans And Ors.
Marriott Worldwide Corporation successfully appealed a decision by the Deputy Registrar of Trademarks that had dismissed its opposition against a deceptively similar mark. The Calcutta High Court found that the rejection was based purely on technical procedural grounds—specifically, the lack of apostille on evidence filed in the US—and not on the merits of the case. The court ruled that statutory provisions and rules governing trademarks supersede general laws like the Notaries Act, allowing for notarized affidavits from abroad to be accepted. Consequently, the original order was set aside, and the matter was remanded back for a fresh hearing.
Biswanath Hosiery Mills Ltd v.Micky Metals Ltd And Anr
The Calcutta High Court granted Biswanath Hosiery Mills Ltd liberty to file a supplementary affidavit, allowing them to introduce two key letters from the private respondent into evidence. The court also directed the petitioner to ensure proper representation for the Registrar of Trademark (Respondent No. 2). This interim order keeps the trademark dispute active and sets the matter for further hearing on August 29, 2025.
Google Llc v.The Controller Of Patents
Google LLC appealed the rejection of its patent application (No. 2705/KOLNP/2014), which claimed a method for labeling visited locations based on contact information. The Controller rejected it under Section 3(k) as being an algorithm or computer program per se. The High Court upheld the rejection, finding that the invention was directed to an abstract idea and lacked sufficient technical advancement.
Triumph Designs Limited v.Tube Investments Of India And Anr
The Calcutta High Court addressed an application filed under Section 47 of the Trademarks Act, 1999, seeking cancellation of a mark based on non-use. While the core issue remains pending, the court granted a short adjournment to allow for the appearance of counsel from Chennai. The respondent was directed to pay costs before the next hearing date.
East India Pharmaceutical Works Limited v.Anil Keshrwani And Ors
The Calcutta High Court admitted the plaint filed by East India Pharmaceutical Works Limited against Anil Keshrwani and Ors. The court granted necessary procedural leaves, including exemption from pre-institution mediation.
Quality Tools Srl v.The Controller General of Patents And Designs and Anr
The appellant, Quality Tools Srl, appealed against an order rejecting its Patent Application (3902/NP/2010) due to a perceived lack of inventive steps. The court found that the rejection order was devoid of proper reasoning and failed to apply sufficient judicial mind. Consequently, the impugned order was set aside, and the matter was remanded for fresh consideration.
ITC Ltd v.Assistant Controller Of Patents And Designs
ITC Ltd challenged an order passed by the Assistant Controller of Patents rejecting its application for 'METHOD OF PRODUCING AEROSOL GENERATING SUBSTRATE'. The core contention was that the rejection, based on non-patentability and lack of inventive step, violated the principles of natural justice. The appellant argued that the Controller relied on technical materials not furnished to them at any prior stage or during the hearing. Recognizing this serious procedural infirmity, the High Court set aside the impugned order and remanded the matter for fresh adjudication.
Elite Gold Ltd v.The Asst Registrar Of Trade
The Calcutta High Court overturned an earlier decision that had expunged seven registered trademarks of 'KOPIKO' due to alleged lack of evidence of use. The appellant, Elite Gold Ltd, argued that they were a well-known international proprietor using their products through distributors. Recognizing the need for further evidence, the court set aside the rectification order and remanded the matter back to the Controller for a fresh hearing, allowing the appellant to adduce additional documents.
Otsuka Pharmaceuticals Co.Ltd. v.Controller General Of Patents, Designs And Trademarks and Anr.
Otsuka Pharmaceuticals appealed a decision by the Deputy Controller of Patents which rejected its application for a patent related to aripiprazole microspheres. The core contention raised by Otsuka was that the rejection order lacked any reasoned justification, failing to discuss the invention or adequately address prior art documents (D1, D2, D3). The Calcutta High Court agreed with this assessment, finding the impugned order unreasoned and unsustainable.
Oramed Ltd. v.The Controller General Of Patents And Designs & Anr.
Oramed Ltd. appealed against an order refusing patent grant for its oral insulin composition. The appeal contended that the Deputy Controller made arbitrary omissions of prior art documents and ignored crucial technical data and expert testimony when assessing inventive steps under Section 3(e) of the Patents Act, 1970.
Goodfaith Holding Private Limited v.M/S Supreme Wood Products Private Limited
The appeal challenges a previous judgment where the defendant's application for revocation of leave granted to the plaintiff under Clause 12 of the Letters Patent was allowed, leading to the dismissal of the suit. The respondent questioned the maintainability of this appeal.
Shaperon Inc. v.The Controller General Of Patents And Designs, Mumbai and Anr.
Shaperon Inc. appealed an order passed by the Deputy Controller regarding its patent application for a biological surfactant used as an anti-inflammatory agent and tissue preservative solution. The appellant contended that the Deputy Controller failed to consider expert evidence provided by Dr. Seung-yong Seong, violating principles of natural justice. The High Court found the impugned order unsustainable due to this omission.
Shaperon Inc. v.The Controller General Of Patents And Designs, Mumbai and Anr.
Shaperon Inc. appealed an order passed by the Deputy Controller of Patents & Designs, Kolkata, challenging its validity. The appellant contended that the Deputy Controller failed to consider crucial expert evidence provided by Dr. Seung-yong Seong regarding the invention's technical advancement and advantages. The High Court found the impugned order unsustainable due to this procedural lapse.
Kamterter Products Llc v.The Assistant Controller Of Patents
Kamterter Products Llc appealed against an order rejecting its patent application (IN 1044/KOLNP/2010) for a 'SEED TESTING METHOD AND APPARATUS' under Section 15 of the Patent Act, 1970. The appellant contended that the rejection order was devoid of reasoning and violated principles of natural justice. The High Court allowed the appeal, setting aside the impugned order.
ITC Ltd v.The Controller Of Patents Designs And Trademark
ITC Ltd appealed a rejection order issued by The Controller of Patents Designs and Trademark regarding its patent application for an 'Electronic Aerosol Generating Device'. ITC contended that the rejection was based on technical materials not provided to them, violating principles of natural justice. Given this procedural lapse, the High Court allowed the appeal, setting aside the original rejection and remanding the matter back to the Controller for a fresh hearing.
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