Defendant Favorable
82 defendant favorable decisions from Calcutta High Court.
Defendant Favorable Decisions
82 cases | Page 1 of 3
Unique Enterprenuers And Finance Limited v.Really Agritech Private Limited
The appeal challenged a single judge's order that vacated an interim injunction and revoked leave granted under Section 12A of the Commercial Courts Act, 2015. The appellant claimed infringement and passing off based on the defendant using 'Really' while the appellant used 'RALLI'. The court found evidence (participation in a 2018 fair and subsequent WhatsApp exchanges) establishing that the appellant was aware of the respondent's product use since at least 2018, dismissing the appeal.
Unique Enterprenuers And Finance Limited v.Really Agritech Private Limited
The appeal challenged a judgment that revoked an interim injunction and dismissed the plaintiff's urgent relief application. The core dispute involved alleged infringement and passing off between the appellant (using 'RALLI') and the respondent (using 'Really'). The court found that the appellant was aware of the defendant's use of the mark since 2018, based on participation in a fair and subsequent WhatsApp exchanges.
Kas Zainulabdin And Co v.Gokul Chand Manoj Kumar And Sons Gm And Sons Private Limited And Anr.
This case involves a suit for infringement and passing off. The defendants argued that the plaintiff suppressed facts regarding their knowledge of the impugned product. However, the court dismissed the application seeking dispensation under Section 12A, finding that the grounds provided by the plaintiff were sufficiently explained and the cause of action was continuing and recurring in nature.
Viacyte Inc v.Deputy Controller Of Patents And Designs
Viacyte Inc appealed a rejection order from the Deputy Controller of Patents regarding an invention for a bioreactor used to culture primate pluripotent stem cell-derived cell aggregates. The Controller rejected the application, finding it lacked inventive steps and failed disclosure requirements. The High Court upheld the Controller's decision.
Astellas Institute For Regenerative Medicine v.The Controller Of Patents And Designs
The petitioner appealed against an order rejecting their patent application for 'Improved methods of producing RPE cells and compositions of RPE cells'. The core dispute centered on whether the invention, which uses human pluripotent cells to produce RPE cells, violated Section 3(b) of the Patents Act due to ethical concerns about embryo destruction. The court upheld the rejection order.
Parul Ruparelia And Anr v.Camme Wang And Anr
The Calcutta High Court dismissed the petitioners' interim relief application in a trademark infringement suit concerning the mark 'PL SUPREME'. The court found that the respondents, who are Chinese manufacturers, had prior use of the mark since 2014. Furthermore, the court heavily scrutinized the petitioners' conduct, finding prima facie evidence of underinvoicing and financial irregularities, which led to the dismissal of their claims based on principles of 'clean hands.'
Shroff Geeta v.Asst. Controller Of Patents And Design
The appellant challenged the rejection of a patent application for 'Composition comprising human embryonic stem cells and their derivatives' based on Section 3(b) of the Patents Act, 1970. The respondent argued that deriving these stem cells requires the destructive use of human embryos, making the invention contrary to public order or morality. The High Court upheld the rejection.
Ramji 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 arising from a family arrangement, involving the use of the trade name 'Sindharam Sanwarmal', constituted a 'Commercial Dispute'. The plaintiff argued that the matter was purely familial and not commercial. However, the court found that the reliefs sought—specifically perpetual injunctions restraining the defendant from using or permitting others to use the trademark—manifestly demonstrated an intellectual property dispute. Consequently, the High Court held that the suit must be triable exclusively by a Commercial Court under the Act of 2015.
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.
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.
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.
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.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration. However, the court noted that the petitioner failed to disclose a material disclaimer in its registration certificate, which limited exclusive use of the device 'Swastik'. Consequently, the application was dismissed as an abuse of process.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration and obtaining copyright protection. However, the court found that the petitioner had suppressed a material fact—a disclaimer in its own registration certificate limiting exclusive use. Consequently, the application was dismissed as an abuse of process.
Nocil Ltd v.Finorchem Ltd And Anr
The defendants filed an application seeking revocation of the dispensation granted under Section 12A of the Commercial Courts Act, 2015. The dispute involves allegations of patent infringement and breach of confidentiality concerning the manufacturing process of 4-ADPA. The court ruled that the plaintiff had sufficiently pleaded urgency based on a holistic reading of the plaint.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revive its trademark infringement and passing off suit against Anita Anu. The core dispute centered on whether the plaintiff could override a previous court order that required adherence to pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The defendant argued that the nine-month delay between the alleged knowledge (January 2024) and filing the suit (September 2024) was unexplained, suggesting an artificial creation of urgency.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court concerned an application seeking revocation of a dispensation granted to the plaintiff (Pankaj Plastic Industries Private Limited) allowing them to bypass pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement by the defendant using 'Poly Punkaj'. However, the court found that the plaintiff failed to provide a satisfactory explanation for the nine-month delay between becoming aware of the infringement (January 2024) and filing the suit (September 2024). Consequently, the court allowed the application seeking revocation of dispensation.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revoke a dispensation granted under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement against Anita Anu for using the deceptively similar mark 'Poly Punkaj'. However, the court found that the plaintiff failed to provide adequate justification for the nine-month delay between discovering the issue (January 2024) and filing the suit (September 2024). Consequently, the application seeking revocation was dismissed.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case involved a dispute over trademarks and copyright infringement concerning plastic products marketed under 'Pankaj Flex' by the plaintiff. The core legal issue before the Calcutta High Court was whether the plaintiff could revoke an earlier dispensation granted to bypass mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The court scrutinized the nine-month delay between the alleged date of knowledge (January 2024) and the filing of the suit (September 2024).
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court concerned an application by Pankaj Plastic Industries Private Limited seeking to revoke a dispensation granted under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement by the defendant using the mark 'Poly Punkaj'. However, the court found that the plaintiff failed to provide adequate justification for the nine-month delay between becoming aware of the issue (January 2024) and filing the suit (September 2024). Citing precedents, the judge held that without a clear explanation for the delay, the urgency was artificially created, leading to the revocation of the dispensation.
Biswanath Hosiery Mills Limited & Anr v.Micky Metals Limited
The Calcutta High Court dismissed the plaintiffs' interim application seeking protection for their trademark 'LUX'. Despite presenting evidence of long-standing use, massive sales figures, and international presence, the court found insufficient grounds to grant relief at the interim stage. The judgment noted that the mark 'LUX' has been used by various entities and pointed to prior legal challenges regarding its registration, ultimately finding no compelling reason to favor the plaintiffs.
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.
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.
Biswanath Hosiery Mills Limited & Anr v.Micky Metals Limited
The Calcutta High Court dismissed the plaintiffs' interim application seeking protection for their trademark 'LUX'. Despite presenting evidence of long-standing use, massive sales figures, and international presence, the court found insufficient grounds to grant relief at the interim stage. The judgment noted that the mark 'LUX' has been used by various entities and pointed to prior legal challenges regarding its registration, ultimately finding no compelling reason to favor the plaintiffs.
Khaitan India Limited v.Khaitar Industries Private Limited & Anr.
The plaintiff filed a suit claiming infringement of its distinctive trade mark 'Khaitan' and passing off against the defendants, who used the similar mark 'Khaitar'. The defendant sought dismissal, arguing that since the defendant also possessed a registered trademark, the suit for infringement was not maintainable. The court ultimately dismissed the interlocutory application seeking dismissal.
International Cycle Gears v.The Controller Of Patents And Designs & Ors.
The petitioner appealed against the Controller's order allowing the cancellation of Design No. 201728 for a 'Coaster Brake Hub'. The appeal argued that the design was significantly different from known models, particularly those published in February 2005. However, the High Court upheld the Controller's finding, concluding that the design lacked novelty and originality as it was substantially identical to prior publications.
Simon, S. A. U. v.The Controller Of Patent & Designs & Anr.
Simon filed three applications for the registration of a design related to 'Accessories For Electrical Devices', claiming priority from a Spanish application. The Controller found that the design lacked novelty because it was taught by earlier, prior published designs and compared unfavorably with Registered Design No. 216507.
Shree Vari Multiplast India Pvt. Ltd v.Deputy Controller Of Patents & Designs
The petitioner challenged the registration of Design No. 242843 (Sunday Chair) on grounds that it lacked novelty or originality as it resembled known designs. The respondent argued that the design was unique, aesthetically pleasing, and distinct from prior art. The High Court upheld the Deputy Controller's order, finding the registered design to be novel and original.
Klassic Wheels Private Ltd v.The Assistant Controller Of Patents And Designs and Anr.
The petitioner filed an appeal challenging the cancellation of Design No. 229267, which covered a 'Wheel Rim' design. The grounds for cancellation were lack of novelty and prior publication. The court dismissed both the appeal and the application for additional evidence.
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