Mixed Decisions
80 cases | Page 3 of 3
Emami Limited v.Hindustan Unilever Limited
In a trademark dispute concerning the use of 'Handsome' and 'Glow and Handsome,' Emami Limited sought an injunction against Hindustan Unilever Limited (HUL) in the Calcutta High Court. However, Emami decided to withdraw its current application (GA No.3/2021), stating that it had filed a substantially similar application earlier (GA No.2/2020). The court granted leave for withdrawal and directed that the original, pending application (GA No.2/2020) be taken up for hearing on July 5, 2021.
Torque Pharmaceuticals Private Limited v.Emami Limited
This order sheet details an application filed by Emami Limited seeking the transfer of a title suit from the Additional District Judge to the Calcutta High Court. The original suit involved allegations of infringement concerning trademark, passing off, copyright, and design against Torque Pharmaceuticals Private Limited. Citing Clause 13 of the Letters Patent, 1865, and Section 22(4) of the Designs Act, 2000, the court allowed the transfer application.
Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.
This Calcutta High Court judgment addresses a trademark infringement and passing off suit filed by Shyam Steel Industries Limited against Shyam Sel And Power Limited. The plaintiff alleged that the defendants were exploiting its reputation by using 'Shyam' on their TMT bar packaging, despite previous agreements to phase out the mark. However, the court noted the defendant's claim of honest adoption and the common nature of the word 'Shyam'. Consequently, the court declined to grant an immediate injunction but allowed the defendants time to file a detailed affidavit-in-opposition.
Pan Seeds Pvt. Ltd. v.M/S. Kishan Green Field Agritech & Ors.
In this trademark and copyright infringement suit, the defendants challenged the court's jurisdiction over the case. The Calcutta High Court did not immediately rule on the jurisdictional challenge but instead granted the plaintiff an opportunity to file a detailed affidavit in opposition. Furthermore, the court directed the defendants to disclose all sales accounts related to the 'DOUBLE PAAN' trademark from the date of filing, ensuring that the core issues of infringement and jurisdiction would be addressed thoroughly.
Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.
This Calcutta High Court judgment addresses a trademark infringement and passing off suit filed by Shyam Steel Industries Limited against Shyam Sel And Power Limited. The plaintiff alleged that the defendants were exploiting its reputation by using 'Shyam' on their TMT bar packaging, despite previous agreements to phase out the mark. However, the court noted the defendant's claim of honest adoption and the common nature of the word 'Shyam'. Consequently, the court declined to grant an immediate injunction but allowed the defendants time to file a detailed affidavit-in-opposition.
Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.
Shyam Steel Industries Limited filed a suit against Shyam Sel And Power Limited & Anr. alleging infringement of trademark and passing off. The Calcutta High Court accepted the plaint, noting that no leave was required under Clause 12 of the Letters Patent, 1865. Given concerns about potential concealment of infringing products, the court dispensed with mediation provisions.
Shambhu Nath & Brothers & Ors. v.Imran Khan
In the case concerning the trademark 'SNJ TOOFAN', the defendant, Imran Khan, filed an affidavit affirming that he has ceased using the mark and undertakes not to use it in the future. The court accepted this submission, allowing the matter to proceed while granting time for the plaintiffs to take instructions. This indicates a potential path toward resolution through settlement or compliance.
Hakimuddin Bhemat v.Perfect Agro
The Calcutta High Court addressed a dispute concerning alleged trademark infringement involving Hakimuddin Bhemat and Perfect Agro. The court heard submissions from various parties, including an added respondent (Respondent No. 2), who claimed they were merely acting as intermediaries based on requisitions from Defendant No. 1. To clarify the supply chain, Respondent No. 2 was directed to file an affidavit disclosing the identities of third-party suppliers. Furthermore, Respondent No. 2 provided an undertaking that they would cease using the plaintiff's trademark, while deadlines for other parties were extended.
Saregama Ltd v.The New Digital Media & Ors.
Saregama Ltd filed a suit alleging copyright infringement against The New Digital Media & Ors. concerning fifteen songs from various films. Saregama claimed absolute ownership of the sound recordings and underlying works based on assignment agreements predating 1994, asserting that they held the rights to digital exploitation. The court examined the validity of these pre-amendment assignments and the scope of the infringement claims. Ultimately, the interim injunction was modified: usage was restricted for three specific films, while the injunction was lifted for eight others, requiring those defendants to account for all revenue generated.
Rajat Agarwal & Anr. v.Quadrific Media Pvt Ltd & Anr.
This case involves a dispute over the intellectual property assets, specifically the trademark 'Spartanpoker', its logo, and the domain name 'Spartanpoker.com'. The plaintiffs filed a suit in the High Court concerning these assets, while the defendants subsequently filed a related suit (TS No. 5 of 2017) in the District Judge's court. To prevent conflicting judgments and streamline the legal process, the Calcutta High Court exercised its extraordinary jurisdiction to transfer the Alipore suit to be heard alongside the original High Court proceedings.
Saregama India Limited v.Whackedout Media Pvt. Ltd.
Saregama India Limited filed a suit alleging copyright infringement against Whackedout Media Pvt. Ltd., claiming ownership over musical and literary works and sound recordings. The core legal dispute revolved around the jurisdiction of the Calcutta High Court, specifically whether its territorial reach was established under Clause 12 of the Letters Patent despite the defendant challenging it based on Section 62(2) of the Copyright Act. The court ultimately dismissed the application to revoke leave, affirming that the averments in the plaint provided sufficient grounds for the court to assume jurisdiction.
Shomenath Roy Chowdhury v.Eskag Pharma Private Limited
This case involves a dispute over a patent held by Shomenath Roy Chowdhury for a therapeutic composition used in wound healing, marketed as 'Dresin'. The petitioner alleged that Eskag Pharma Private Limited was manufacturing and marketing a similar product under the name 'Sufrate TP', constituting infringement. While the petitioner sought an immediate injunction, the court recognized the need to hear the defense, which primarily argued that the ingredients were well-known in the medicinal field. Consequently, instead of granting an outright ban, the Court appointed a Special Officer to inventory the respondent's stock.
Priya Food Products Ltd. v.Satya Sai Agroils Pvt Ltd.
The Calcutta High Court addressed a passing off dispute concerning the use of the mark 'Priya' for Soya Chunks. While acknowledging the respondent's prior general use of the mark, the court found that the petitioner had established significant and localized presence in the Eastern part of the country. Consequently, the court granted an interim protective order restraining the defendant from using the word Priya specifically in relation to Soya Chunks within that region.
Sun Pharmaceuticals Industries Ltd v.Midley Pharmaceuticals Limied
This Calcutta High Court case involves a passing-off dispute between Sun Pharmaceuticals and Midley Pharmaceuticals concerning the trademarks CARDIVAS and CARVAS. The court framed ten detailed issues, focusing on whether the plaintiff is the proprietor of CARDIVAS, whether the defendant's mark CARVAS is confusingly similar or an imitation, and ultimately, whether the defendant is engaging in passing off. The case was fixed for settlement of these complex trademark infringement claims.
Mr Arnab Basu & Ors. v.Monginis Foods Pvt. Ltd.
The Calcutta High Court modified an existing ex parte interim order in the dispute between Mr Arnab Basu & Ors. and Monginis Foods Pvt. Ltd. The court acknowledged the long-standing use of the 'Monginis' brand by the plaintiffs since 1989, despite their manufacturing other products. To balance the interests of both parties, the court mandated that the plaintiffs must continue to dedicate at least 80% of their manufacturing capacity and display Monginis products in proportion within their outlets, ensuring no interference with the plaintiffs' business while protecting the defendant's brand rights.
Dolphin Laboratories P. Ltd. v.Deputy Registrar Of Trademark
The Calcutta High Court addressed an appeal filed by Dolphin Laboratories P. Ltd. against the Deputy Registrar of Trademark. The petitioner argued that the appeal should be transferred to the Intellectual Property Appellate Board (IPAB) due to amendments made to the Trade Mark Act, 1999. Consequently, the court recorded the disposal of TMA No. 2195 of 1995.
ITC Limited v.Godfrey Phillips India Limited & Anr
ITC Limited filed a Rectification Petition seeking the removal of the 'SUN FLAKE' trademark registration held by Godfrey Phillips India Limited. The petition, which also involved striking off certain paragraphs and documents from affidavits, was listed before the Delhi High Court on November 10, 2023. The court accepted notice and scheduled the matter for further hearing on November 21, 2023.
Eveready Industries India Ltd. v.Anil Gupta Trading As M/S. Shiva Lamps Industries
The Calcutta High Court addressed a dispute between two trademark holders, Eveready Industries and Shiva Lamps, concerning the use of the mark 'EVEREADY'. While both parties held registrations, the court found that the defendant was restrained from using the plaintiff's stylized form of the word mark. Furthermore, the court restricted the defendant's sales to their five registered states, while directing the transfer of pending rectification applications to ensure a speedy resolution of the underlying trademark disputes.
Gramophone Company Of India Limited v.Shanti Films Corporation And Others
This case involves a dispute between Gramophone Company Of India Limited and Shanti Films Corporation concerning the rights associated with the film 'SHATRU'. The core issue revolves around an agreement where the producer assigned extensive copyright, performing rights, and exclusive rights to make records of contract works to the company. The court addressed contractual obligations regarding sound track usage and also considered procedural challenges raised by the plaintiff regarding mis-statements about royalty payments in the pleadings.
Kabushiki Kaiha Toshiba (Toshiba) v.Toshbia Appliances Co.
This Calcutta High Court appeal addressed a challenge to the rectification of the 'TOSHIBA' trademark registration in Class 7. The core dispute centered on whether the respondent had the requisite locus standi to seek removal of the mark based on non-use, given that they had never manufactured or sold washing machines or spin dryers. While the court acknowledged issues regarding the application of Section 46(1)(a) versus other sections, it ultimately dismissed the appeal after the respondent conceded that the rectification should be limited only to the two specific goods in question.
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