Defendant Favorable
82 defendant favorable decisions from Calcutta High Court.
Defendant Favorable Decisions
82 cases | Page 2 of 3
Philco Industries & Ors. v.The Dy. Controller Of Patents & Designs & Anr.
Philco Industries challenged the registration of a bowl design (No. 205014), arguing that it lacked novelty as it was common in trade and had been previously sold by them. The Deputy Controller rejected this cancellation petition, finding no cogent evidence of prior publication or use. The Calcutta High Court upheld the Controller's decision, agreeing that Philco failed to discharge its onus of proving prior art, thereby affirming the design registration.
T.K. Shawal Industries Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
T.K. Shawal Industries Pvt. Ltd. challenged the registration of Design No. 252082, arguing that the scarf's surface pattern lacked originality and was anticipated by prior knowledge or publication. The court examined evidence regarding prior sales invoices and Wikipedia documents but found no cogent proof of novelty infringement. While dismissing the cancellation petition, the High Court noted an apparent clerical error in the certificate of registration date and directed the Controller to make the necessary correction.
Anuradha Doval v.The Controller Of Patents And Designs & Ors.
This appeal before the Calcutta High Court challenged the cancellation of a registered design for a 'Bottle Cap' (Design No. 222799). The private respondent argued that the shape and configuration were not new or original, citing prior published art documents, including magazine issues from 2009. The court ultimately upheld the Controller's decision, finding that the impugned design was substantially identical to existing publications and lacked novelty.
Itc Limited v.The Controller Of Patents And Designs & Ors.
ITC Limited challenged the registration of a cigarette pack design (No. 196859) by appealing to the Calcutta High Court, arguing that the design lacked novelty and was not registrable under the Designs Act, 2000. The petitioner contended that prior published designs rendered the registered design non-original. However, the court ultimately dismissed the appeal, finding no fundamental error in the Controller's assessment of the design's originality and noting significant delays by the appellant.
Atul Narsibhai Patel v.Assistant Controller Of Patents And Designs & Anr.
The petitioner appealed against the cancellation of Design No. 211639 (a seal for packaging). The Assistant Controller cancelled the registration finding that the design was not new or original because its features were strikingly similar to prior published and registered designs, specifically nos. 179570 and 205871.
Atul Narsibhai Patel v.The Assistant Controller Of Patents & Designs & Ors.
The petitioner appealed against the cancellation of his registered seal design (Design No. 200628). The dispute centered on whether the design lacked novelty or originality due to its similarity to features depicted in an earlier tender document published by the Gujarat Electricity Board. The High Court upheld the Assistant Controller's decision, finding that the prior publication defeated the right of registration.
Reckitt Benckiser Australia Pty. Ltd. v.Controller Of Patents And Designs & Ors.
The appeal challenged the Controller's order dated March 28, 2008, which cancelled three design registrations (184135, 184136, and 184137) belonging to Reckitt Benckiser. The appellant argued that the cancellation proceedings were flawed due to denial of cross-examination. However, the High Court dismissed the appeals, finding no violation of natural justice and upholding the Controller's decision.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
The appellant challenged the registration of Design No. 180660 ('Container Lid'), arguing that it was neither new nor original, having been previously registered (Design Nos. 177677 and 177678) and prior published in 1997. The respondent argued that Design No. 180660 possessed distinct features making it novel compared to the earlier designs. The High Court upheld the lower authority's finding, concluding that Design 180660 was new and original.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
Yash Plastomet Pvt. Ltd. appealed the dismissal of its application to cancel Design No. 187706 (a 'Container'). The appellant argued that the design was not new because it had been previously published in October 1997 and registered earlier. The High Court dismissed the appeal, upholding the Controller's order, finding no sufficient evidence of prior publication or novelty.
Dr. Ambujaksha Mahanti v.Williamson Magor & Co. Ltd.
The petitioner filed an application seeking revocation of leave under clause 12 of the letters patent. The court found that the cause of action related to damages caused to a vehicle, which occurred outside the court's jurisdiction in Kolkata. Consequently, the leave was revoked.
Jasper Motors Private Ltd. v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.
The plaintiffs, holding a patent for an eco-friendly, battery-operated rickshaw design, alleged that the defendants were illegally importing, exporting, and selling the patented idea. Despite the lack of representation from the defendants, the court found them liable for infringing the patent.
Sunny Sales & Others v.Binod Khanna
The Calcutta High Court refused the plaintiffs' interim application for an injunction against the use of the trade mark 'LIPU' (and similarly 'SUNSHINE'). The court emphasized that while both parties claimed long-standing usage, neither had established exclusive rights. Given that both were importers sourcing goods from multiple manufacturers in China, and registration applications were recent, the court found no justification for granting an immediate injunction. However, the defendant was directed to maintain detailed sales accounts throughout the litigation.
Reckitt Benckiser (India) Ltd. v.Hindustan Unilever Ltd.
The dispute involved multiple suits where both parties objected to each other's advertisements, alleging disparagement. The ads compared products like Dettol antiseptic liquid, Vim cleansing liquid, Lifebuoy soap, and Dettol cleaning liquid regarding their germ-killing or protective effects.
Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another
The appellant filed an appeal seeking cancellation of several registered toothbrush designs, arguing they lacked originality, were mere trade variations, or were prior published. The respondent argued that the designs possessed novelty in their shape and configuration, particularly when combined, and that the Controller's original finding was correct. The High Court dismissed the appeal, upholding the registration.
Anchor Health And Beauty Care Pvt. Ltd v.The Controller Of Patents And Designs & Another
The appellant filed an appeal challenging the Controller's dismissal of its application to cancel several registered toothbrush designs. The appellant argued that these designs lacked novelty, were prior published, or were merely functional/trade variants. The High Court dismissed the appeal, finding that design 176343 was original and new based on its unique combination of shape, configuration, ribs, and etchings.
Hindustan Unilever Limited v.Procter & Gamble Home Products Limited
Hindustan Unilever Limited challenged Procter & Gamble Home Products Limited for allegedly disparaging its fairness cream products through television advertisements. The court examined whether the advertising constituted defamation or disparagement, considering settled legal principles regarding comparative advertising and puffing.
Kabushiki Kaisha Toshiba v.Toshiba Appliances Co.
The appeal challenged the Deputy Registrar's order allowing rectification and removal of certain goods from Toshiba's registered trademark (No. 273758). The core dispute centered on whether the appellant had used the mark in good faith, or if its registration was merely an attempt to block the market for similar goods.
Bucyrus Europe Limited And Anr. v.Vulcan Industries Engineering Company
The appeal was filed by Bucyrus Europe Limited against an order refusing to grant an ex parte ad interim injunction. The court found that the appellant had deliberately suppressed vital information, specifically filing three applications for cancellation of their registered designs before the Controller of Designs. Consequently, the High Court dismissed the appeal and the application for injunction.
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.
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.
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.
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.
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.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.