Bench:Debangsu Basak
16 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
16 cases indexed | Page 1 of 1
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.
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.
Ganesh Grains Ltd. v.Ganesh Department Stores
Ganesh Grains Ltd. filed a suit against Ganesh Department Stores seeking urgent interim relief under Section 12A of the Commercial Courts Act, 2015. The court admitted the plaint subject to departmental scrutiny and granted leave for interim protection in the infringement and passing off suit.
Emami Ltd v.Torque Pharmaceuticals Pvt. Ltd.
The defendant filed an application seeking modification of a previous interim order. The court observed that the suit involved infringement and passing off and was valued in excess of the specified limit. Consequently, the case (IN EOS/4/2020) and the associated application (IA GA 1 of 2021) were transferred to the Commercial Division.
Grand Tobacco Private Limited v.Abdul Rashid Shaikh Tobaco, A Limited Liability Partnership & Ors.
The plaintiff, Grand Tobacco Private Limited, filed an application seeking interim protection against the defendant for infringement of its registered trademark and passing off. The court found a prima facie case existed, noting that the defendant was using a deceptively similar mark ('A.R.S Chand Tara Marka') and color combination on tobacco products compared to the plaintiff's mark ('Super Chand Tara Marka').
Arg Outlier Media Asianet News Private Limited v.Shailputri Media Private Limited
The Calcutta High Court granted interim protection to Arg Outlier Media Asianet News Private Limited in a passing off suit against Shailputri Media Private Limited. The court found that the defendant's use of 'Republic Hindi,' coupled with similar font and color schemes, was deceptively similar to the plaintiff's established mark, 'Republic TV.' Despite arguments regarding the generic nature of the word 'Republic,' the court prioritized the visual similarity and prior usage by the plaintiff, granting the requested injunction.
Dystar Colours Distribution Gmbh v.Jay Chemical Industries Ltd
The plaintiff filed a suit seeking interim protection for infringement of a patent. The court noted that the defendant had already filed its written statement and decided to expedite the hearing process.
Oramed Ltd. v.Union Of India & Ors.
Oramed Ltd. challenged a decision dated February 25, 2019, made under Section 15 of the Patents Act, 1970. The petitioner argued that the adjudicating authority erred by proceeding on Section 3(d) instead of Section 3(e), and that the order was based on conjectures rather than conclusive findings. The court found infirmities in the impugned order.
Natco Pharma Ltd v.Union Of India & Ors.
Natco Pharma Ltd challenged the actions of the Controller regarding a pending patent application (No. 3865/KOLNP/2007). The petitioner argued that since the Controller had reserved judgment without deciding on their request for cross-examination, they would be seriously prejudiced if the patent was granted without hearing their objections fully. The Court ruled that in adversarial proceedings before the Controller, the right to cross-examine is an indefeasible right under natural justice.
Merck Sharp & Dohme Corp v.Union Of India
Merck Sharp & Dohme Corp challenged an order by the Assistant Controller of Patents & Designs. The petitioner argued that the appeal mechanism was practically unavailable due to the absence of a technical member, and further contended that the rejection of their patent application, which followed a voluntary divisional filing, was erroneous as it failed to consider curative measures.
M/S. Reata Pharmaceuticals v.Union Of India
M/S. Reata Pharmaceuticals challenged an order passed by the Controller of Patents, arguing that the authority failed to consider superior data regarding their improved product version. The court dismissed the writ petition, holding that since the impugned order was statutorily appealable, the petitioner must utilize the available statutory remedy.
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.
General Electric Co. v.Controller Of Patents Designs
General Electric Co. filed an appeal regarding TMA No. 4 of 1999 before the Calcutta High Court. The petitioner argued that the appeal should be transferred to the Intellectual Property Appellate Board (IPAB) due to amendments in the Trade Mark Act, 1999.
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