Mixed Decisions
48 cases | Page 1 of 2
Prabin Kumar Shah v.Manoj Kumar Jagnani And Ors
The Calcutta High Court heard an application for rectification filed by Prabin Kumar Shah seeking cancellation of Trademark No. 1553036 in Class 30. The court noted that the respondent's mark appeared to be slavishly imitating the petitioner's mark. Given the respondent's proposal to change the impugned mark (in color and font), the Court granted them an opportunity to revise it, while also directing them to adhere to a prior binding decree from the District Court at Bokaro.
M/S. Anup Kumar Biswas v.M/S. S. H. Biri Factory And Anr.
M/S. Anup Kumar Biswas filed an application seeking the rectification of a Copyright Registration held by M/S. S. H. Biri Factory And Anr., alleging that the registered label was deceptively similar to their own trade name and infringed upon their rights. The petitioner claimed the registration was obtained surreptitiously without notice. Given the respondent's willingness to have the matter heard afresh after proper notice, the Court cancelled the impugned registration and remanded the case back to the Copyright Registrar for a fresh decision.
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.
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.
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.
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.
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.
Aroa Biosurgery Limited v.Controller General Of Patents, Designs And Trademarks and Anr
Aroa Biosurgery Limited challenged an order by the Controller General of Patents which dismissed its patent application for 'Tissue Scaffolds Derived From Forestomach Extracellular Matrix.' The core dispute centered on procedural fairness, as the rejection order introduced a ground of non-patentability (Section 3(i)) that was never raised during the examination process. The Calcutta High Court found that the impugned order lacked reasons and violated principles of natural justice. Consequently, the court allowed the appeal and remanded the matter back to the Controller for a fresh hearing on the merits.
Fena Private Limited v.Bajranglal Rathi Trading As M/S. Maheshwari Soap Industries and Ors
The Calcutta High Court addressed a trademark dispute brought by Fena Private Limited against Bajranglal Rathi Trading. The court noted that prima facie, the impugned registration appears to infringe upon the appellant's rights. Furthermore, the court observed evidence suggesting a clear case of non-use regarding the respondent's mark, which was not disputed at the hearing. Consequently, the matter has been adjourned for further arguments and submissions.
ARDENIA INVESTMENTS, LTD. v.CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR
This case involves an appeal filed by Ardenia Investments Ltd. against a previous order dismissing its patent application for a "Drug Delivery System for administration of poorly Water Soluble pharmaceutical Active Substances." The original dismissal held that the subject matter lacked technical advancement and inventive steps, specifically citing Section 3(d) of the Act. The Calcutta High Court has issued procedural directions to the appellant regarding the continuation of the appeal.
ITC Limited v.The Controller of Patents Designs and Trademark
ITC Limited appealed the rejection of its patent application for 'A Heater Assembly to Generate Aerosol,' which was denied under Section 3(b) of the Patents Act, 1970. The Controller had rejected the invention on grounds that its use could cause serious prejudice to human health or public order. ITC argued that the rejection was arbitrary, lacked reasoned basis, and violated principles of natural justice due to the introduction of unsupplied documents. The Calcutta High Court set aside the impugned order, remanding the matter back to the Controller for a fresh decision after ensuring all parties are heard.
Upl Ltd v.The Controller Of Patents Designs And Trademark
Upl Ltd challenged the rejection of its patent application concerning a novel agrochemical fungicide combination. The core dispute centered on whether adding a multi-site fungicide to existing SDHI combinations provided a synergistic and unexpected technical advantage, or if it was merely an obvious aggregation of known substances. The Calcutta High Court found that the original order lacked proper analysis of the experimental data supporting synergy and noted procedural lapses by the Controller in failing to issue a Second Examination Report (SER). Consequently, the court set aside the rejection order and remanded the matter for fresh consideration.
R J Reynolds Tobacco Company (Sr 6/2020/PT/KOL) v.The Controller General Of Patents Designs and Trademarks And Anr
R J Reynolds Tobacco Company challenged the refusal of its patent application for a tobacco flavorant method, which was rejected solely on the grounds that all forms of tobacco are injurious to human health (Section 3(b) of the Patents Act). The petitioner argued that the rejection lacked any scientific basis or reasoning, being based merely on a preconceived notion. The Calcutta High Court agreed, finding the Assistant Controller's order unsubstantiated and arbitrary. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration.
Advanced Electric Machines Group Limited v.The Controller of Patents Designs and Trademark
This appeal challenged the rejection of a patent application concerning an improved electrical sub-assembly for electric/hybrid vehicles, which aimed to enhance Switched Reluctance Machines (SRMs). The petitioner argued that the rejection order lacked reasoning and failed to consider key aspects of the invention. The court found significant procedural flaws in the respondent's decision, including failure to issue a proper Second Examination Report and citing foreign documents without translation. Consequently, the High Court set aside the impugned order and remanded the matter for fresh adjudication.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Yamaha Hatsudoki Kabushiki Kaisha v.Mr. Devender Kumar And Anr.
The Calcutta High Court allowed an appeal filed by Yamaha Hatsudoki Kabushiki Kaisha against a rejection of its trademark application for 'R3' in Class 12. The court found that the original rejection failed to consider key arguments, including the appellant's claim that R3 was an associated mark and their existing portfolio of related marks (like YZF-R3). Consequently, the High Court set aside the impugned order and remanded the matter back to the Controller for a fresh hearing.
Cadbury Uk Limited v.ITC Limited
In this trademark dispute, the Calcutta High Court directed that the Registrar of Trademarks be formally included in the proceedings. This procedural step ensures all relevant parties are involved in the ongoing litigation between Cadbury UK Limited and ITC Limited. Furthermore, the court granted the petitioner liberty to carry out necessary informal amendments to their case filings. The matter is scheduled for further hearing on March 5th, 2025.
M/S Aravind Laboratories v.Payal Novelty Private Limited
In this trademark dispute concerning the 'Pearl Eyeflax Kum Kum Bindi,' the Calcutta High Court issued an interim order. The court directed the respondents to attempt modifications to their product's get-up and trade dress. Furthermore, they must submit copies of these proposed changes to the petitioner's advocates by March 13, 2025, allowing the litigation to proceed while addressing potential infringement concerns.
M/S. Arvind Laboratories v.Mr. Pawan Kumar Singhania And Anr
In this trademark dispute, the Calcutta High Court issued an interim direction requiring the respondents to modify the get-up and trade dress of their product, 'Pearl Eyeflax Kum Kum Bindi.' The respondents were mandated to forward copies of these proposed changes to the petitioner's advocates by March 13, 2025. This order allows both parties time to adjust the disputed branding while keeping the litigation moving toward a resolution.
Manish Kumar Jain & Another v.Tushar Saraf & Ors.
The Calcutta High Court addressed an appeal challenging a prior interim trademark injunction. The court found that while the initial stay was granted based on prima facie evidence, further material had become available to both parties. Consequently, the appeal was dismissed, but the original interim order restraining the appellants from using the marks 'JJ DELUX' and related forms was extended until September 20, 2024, allowing for a comprehensive review by the trial judge.
R J Reynolds Tobacco Company (Sr ...) v.The Controller General Of Patents Designs and Trademarks
R J Reynolds Tobacco Company filed an appeal against a refusal order issued by the Assistant Controller of Patent and Designs. The company, citing procedural difficulties inherent to being a foreign entity, sought condonation for a two-month delay in filing the appeal. The Calcutta High Court accepted the grounds presented, finding sufficient cause for the delay.
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.
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.
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.
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.
Medtronic Xomed, Inc v.Controller General Of Patents, Designs and Trademarks And Anr
The Calcutta High Court addressed an opposition matter (OA/4/2018/PT/KOL) involving Medtronic Xomed, Inc. The court noted that no counsel appeared for the appellant on the hearing date. Consequently, the matter was adjourned to March 30, 2023, with specific directions issued to the respondent authorities to serve a copy of the application on the appellant and file an Affidavit of Service.
Marce Cemen Works Ltd. v.Shree Cement Ltd. & Ors.
The Calcutta High Court addressed an appeal challenging an ex parte interim injunction granted in a trademark infringement suit. While acknowledging the initial discretion exercised by the lower court, the bench decided that the matter required a full hearing at the trial level. The appellate proceedings were disposed of, with directions issued for both parties to exchange affidavits and proceed before the learned trial judge.
Yasmin Khalique And Ors. v.Mukhtar Alam
This Calcutta High Court judgment addresses an appeal concerning a partnership dissolution and the associated registered trademark, 'Musa ka gul'. While the core dispute involves the validity of the arbitration award dissolving the firm, the court specifically addressed the use of the valuable trademark. The court clarified that ownership rights are not its immediate concern but issued a crucial interim order preventing either party from transferring or assigning any rights related to the mark until the appeal is finally decided.
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