Calcutta High Court
384 cases · page 5 of 13
Showing 121–149Enterabio Ltd. v.The Controller General of Patents & Designs, Mumbai & Anr.
Enterabio Ltd. appealed against the rejection of its patent application for an oral pharmaceutical composition containing insulin and a protease inhibitor. The High Court found that the Assistant Controller failed to provide adequate reasons for rejecting the claim and did not comply with procedural rules regarding amendments. Consequently, the court set aside the impugned order and remanded the matter back to the Controller.
Krishna Chandra Dutta (Spice) Pvt Ltd v.Ashok Kumar Anr.
Krishna Chandra Dutta (Spice) Pvt Ltd filed a suit seeking perpetual injunction against Ashok Kumar Anr. for infringing their registered trademark 'COOKME'. The plaintiffs alleged that they only discovered the infringement in July 2024, necessitating urgent legal action. The Calcutta High Court granted leave to proceed with the suit under various provisions, including Section 12A of the Commercial Courts Act, allowing the plaint to be admitted subject to departmental scrutiny.
Baynee Industries v.Rajiv Rosha
The plaintiff filed a suit seeking substantial damages against the defendant, alleging wrongful interference with business due to the defendant's patented product. The defendant sought rejection of the plaint under Order VII Rule 11(d) of the CPC, arguing lack of cause of action and correlation between the patent and the alleged business loss. The Court dismissed the application, finding that the plaint, when read as a whole, disclosed sufficient cause of action.
Akzo Nobel Coatings International B. v.Berger Paints India Limited and Anr.
The Calcutta High Court disposed of the appeal concerning the trademark 'POLYDUR'. The court noted that Respondent No. 1 had submitted a letter requesting the withdrawal of the trademark application (No. 1949642). Consequently, the High Court directed the Registrar of Trademarks, Kolkata, to process and pass the appropriate orders for the complete withdrawal of the mark within three weeks.
Terex India Private Limited v.Cde Asia Ltd.
Terex India Private Limited appealed an order refusing its post-grant opposition against Indian Patent No. 307249, which was granted to CDE Asia Ltd. The appellant argued that the Deputy Controller's decision failed to provide independent reasoning or address key legal submissions regarding patentability and prior art. The Calcutta High Court set aside the impugned order, quashing it and remanding the matter for fresh consideration.
Vifor (International) Ag v.Assistant Controller Of Patents And Designs and Ors
Vifor (International) Ag filed an appeal against an order dated November 1, 2023, along with an application seeking condonation of a 32-day delay. The appellant argued the delay was due to technical difficulties in obtaining and stamping a Power of Attorney received from Switzerland. The court found that sufficient cause had been shown for the delay and allowed the application.
Pharmacyclics Llc v.Deputy Controller Of Patents And Designs
Pharmacyclics Llc appealed the Deputy Controller of Patents and Designs' decision dated March 5, 2024, which refused to grant a Patent under Section 15 of the Act. The appellant also filed an application seeking condonation of eight days delay in filing the appeal.
West Bengal Chemical Industries Limited v.M/s. GTZ (India) Pvt. Ltd.
The petitioner, an API manufacturer, claimed that the respondents were infringing their patents (IN370845 and IN434424) related to Ferric Carboxymaltose. The petitioner sought an interim injunction against the alleged infringement. However, the court dismissed the petition, finding that the petitioner failed to establish a prima facie case for granting the injunction.
Girnar Food & Beverages Pvt. Ltd. v.The Registrar Of Trade Marks & Anr.
The Calcutta High Court allowed the appeal filed by Girnar Food & Beverages Pvt. Ltd., setting aside an earlier rejection of its opposition against a competing trademark application. The court found that the respondent's mark, which featured an elephant device and the word 'Haathi,' was deceptively similar to the appellant's registered 'JUMBO' mark for tea and spices. Given that both parties operate in the same market and consumers associate the elephant motif with the goods, the court ruled that the similarity would inevitably lead to consumer confusion.
Amir Biri Factory And Ors. v.Sk Faruk
The Calcutta High Court disposed of a trademark infringement suit between Amir Biri Factory And Ors. and Sk Faruk after both parties reached a comprehensive settlement agreement. The core of the settlement involves Sk Faruk agreeing to cease using certain disputed marks (like 'JULFIKAR TARE A-1 KHAINI') in connection with goods outside Chewing Tobacco/Khaini, while also accepting modifications to their mark usage. Furthermore, Sk Faruk committed to exhausting existing stock within one month and agreed not to raise further legal claims related to the dispute.
ATLAS COPCO AIRPOWER NAAMLOZE VENNOOTSCHAP v.THE CONTROLLER GENERAL OF PATENTS AND DESIGNS AND ANR
The petitioner company filed an appeal (IPDPTA/12/2022) which was dismissed for default. The petitioner sought condonation of a 330-day delay, citing being based in Belgium and unaware of the transfer of IPAB matters to the High Court due to legal changes and COVID-19. The court found sufficient cause and allowed the delay, restoring the appeal.
M/S. Chandras Chemical Enterprises Pvt. Ltd. v.The Registrar Of Trade Marks And Ors
The Calcutta High Court issued a directive in the matter concerning the registration of the mark "DENSEAL (Gom.Dev)". Noting that the Registrar of Trade Marks had failed to transmit the original case record despite previous court directions, the Court granted a final opportunity. The Registrar was ordered to submit the complete record by August 19, 2024, with a warning that failure to comply would result in mandatory appearance before the Court on August 27, 2024.
Paresh Ajitkumar Kapoor v.Controller Of Patents And Designs And Ors.
The appellant, Paresh Ajitkumar Kapoor, appealed against an order by the Deputy Controller cancelling his registered design for an Air Cooler (No. 233559) based on alleged prior publication in China. The appeal contended that the cancellation relied only on insufficient evidence from the CNIPA website and ignored previous rejections of similar claims. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
UPL Limited v.The Controller Of Patents Designs And Ors
UPL Limited appealed a decision by the Joint Controller of Patents and Designs which refused to proceed with its patent application (No. 1378/KOL/2013). The appellant argued that the rejection was based on procedural flaws, specifically the failure to address expert affidavits and critical technical submissions. The Court set aside the impugned order based on admissions made by the authorities in their affidavit in opposition.
Regency Plywood Industries Pvt. Ltd v.Chowdhury Enterprise And Ors
The plaintiff filed a suit seeking relief concerning its registered mark "METRO" against the respondents. The court addressed procedural matters, granting the plaintiff leave to add prayers and confirming jurisdiction under specific legal provisions.
Berger Paints India Ltd. v.JSW Paints Pvt. Ltd.
The Calcutta High Court addressed an appeal concerning the use of the word 'silk' in relation to paint products. While acknowledging that 'silk' can be used descriptively to denote a specific product finish, the court cautioned against its misuse as a trademark that could lead to consumer confusion (passing off). The court allowed JSW Paints Pvt. Ltd. to continue using 'silk' on their product tumblers, provided they strictly limit its use only to products with a silk finish and clearly state this description in advertisements. The core proprietary rights of Berger Paints India Ltd. over the term remain undecided pending trial.
Nababuddin Ahmed v.The Registrar Of Trademarks Kolkata And Anr
The Calcutta High Court ruled in favor of Nababuddin Ahmed, setting aside the unauthorized removal of his registered trademark. The court held that merely uploading a notice on an official website does not constitute valid service under Section 25 of the Trade Marks Act, 1999. Since the petitioner was not given individual notice and opportunity to rectify defects, the administrative action taken by the Registrar was deemed vitiated.
Spencer'S Retail Limited v.Geetha Jorge Alias Geetha George & Others
Spencer'S Retail Limited filed a suit against Geetha Jorge Alias Geetha George & Others, alleging trademark infringement. The plaintiff argued that the City Civil Court was not the proper forum for seeking relief due to restrictions in the City Civil Courts Act, 1953, and because the matter had already been adjudicated.
Amir Biri Factory & Ors. v.Mohd. Aslam
The Calcutta High Court vacated an injunction previously granted to Amir Biri Factory in favor of Mohd. Aslam. The court found that the plaintiff had suppressed material facts, specifically regarding restrictions on their trademark's use and geographical limitations (West Bengal only). Furthermore, the defendant successfully argued they were a prior user operating outside West Bengal, challenging the basis of the injunction. This decision significantly weakens the plaintiff's ability to enforce their registered mark against the defendant.
OCV Intellectual Capital, LLC v.Union Of India & Ors.
The appellant challenged an order dated March 30, 2016, passed by the Deputy Controller of Patents & Designs rejecting its patent application. The court found that two appeals were filed challenging the same order (AID 18/2022 and IPDPTA 34/2022), making AID 18/2022 redundant. However, since the primary appeal (IPDPTA 34/2022) was dismissed for default, the court directed the parties to appear on a future date.
Biotron Limited v.The Controller General Of Patents & Designs & Anr
Biotron Limited appealed a rejection of its patent application concerning novel antiviral compounds. The initial rejection was based on lack of inventive steps, insufficient disclosure, and non-patentability under Section 3(d) of the Patents Act, 1970. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
Shyam Sel And Power Limited v.Atibir Industries Company Limited
The Calcutta High Court ruled in favor of Shyam Sel And Power Limited, granting a permanent injunction against Atibir Industries Company Limited. The court found that the defendant's use of the mark 'ISEL' on TMT bars constituted passing off, as it was deceptively similar to the plaintiff's established mark 'SEL'. Relying on the principles of trade law and the lack of defense from the respondent, the court expedited the judgment under Order VIII Rule 10 CPC.
Bidisha Ghoshal v.The Registrar Of Trade Marks
Bidisha Ghoshal appealed the rejection of her trademark application '42 orchids' by The Registrar of Trade Marks, arguing that the Examiner's refusal was mechanical and lacked sufficient reasoning. The Calcutta High Court agreed, finding the impugned order cryptic and devoid of substantive discussion regarding similarity or likelihood of confusion. Consequently, the court set aside the rejection order and remanded the matter back to the authorities for a fresh examination, ensuring due process.
Takeda Pharmaceutical Co. Ltd v.Controller Of Patents And Designs
Takeda Pharmaceutical Co. Ltd filed an appeal under Section 117A of the Patent Act, 1970, challenging the Deputy Controller of Patents & Designs' order dated April 12, 2023, which rejected its application for patent registration.
Upl Limited v.Haryana Pesticides Manufactures Association and Anr.
Upl Limited filed an appeal before the Calcutta High Court challenging an earlier order issued by the Controller General of Patents, Designs & Trademark. The court admitted the appeal, noting that no interim relief was warranted at this stage. The judgment sets out a clear procedural roadmap, directing the appellants to prepare and file comprehensive informal paper books within specified timelines for the matter to be heard on its merits.
Oyster Point Pharma Inc. v.The Controller Of Patents And Designs Anr.
Oyster Point Pharma Inc. appealed the rejection of its patent application by the Assistant Controller, which cited prior art under Sections 2(1)(ja) and 3(d) of the Patents Act, 1970. The appellant argued that the mono-citrate salt demonstrated enhanced efficacy and stability, supported by experimental data filed during prosecution. The High Court found that the Controller failed to consider this crucial evidence regarding efficacy and stability.
The Raring Corporation And Anr v.Neogie Engineering Works Pvt Ltd
The petitioners sought interim protection against the respondent for copying their registered design, 'Sonic Nozzle', which is an essential component of their dust suppression system. The dispute centered on whether the respondent's product infringed the petitioner's protected shape and configuration, or if the design was purely functional and therefore unprotectable.
Kanishk Sinha v.Dr Saumitra Mohan & Ors.
Kanishk Sinha filed a suit alleging patent infringement against Dr Saumitra Mohan & Ors. The plaintiff sought urgent interim relief but failed to satisfy the court regarding the necessity for dispensing with procedural formalities under the Commercial Courts Act, 2015. The Court granted one further opportunity to the plaintiff to address these formal requirements.
Guangdong Oppo Mobile Telecommunications Corp., Ltd. v.The Controller of Patents and Designs
Oppo Mobile appealed the rejection of its patent application for a novel charging system and power adapter. The appellant contended that the rejection lacked reasons, failed to appreciate the requirements for novelty/inventiveness, and violated procedural rules by not issuing a Second Examination Report after amendments. The High Court allowed the appeal and remanded the matter back to the Controller for fresh consideration.
Decco Worldwide Post Harvest Holdings B.V v.The Controller of Patents and Designs
The appellants appealed against the Assistant Controller's rejection of their patent application for a fungicidal treatment using Ortho-phenyphenol (OPP) to treat black sigatoka in banana plants. The Controller rejected the application citing lack of novelty, inventive steps, and non-patentability under Section 3(h).
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