Bench:Asok Kumar Ganguly
4 IP cases indexed. Covers patent, trademark, design matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Bajaj Auto Ltd v.TVS Motor Company Ltd
This Supreme Court judgment addressed the protracted nature of patent infringement litigation, specifically concerning Bajaj Auto Ltd versus TVS Motor Company Ltd. The court emphasized that matters relating to patents must be decided expeditiously by the Trial Court rather than remaining stuck at the interlocutory stage over temporary injunctions. Consequently, the appeal was disposed of with directions mandating the respondent to file a written statement and directing the appointment of a Receiver to monitor sales records until the suit is finally disposed of.
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.
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.
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