Bench:Harish Tandon
3 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
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.
Eveready Industries India Ltd v.Roshanlal Jain & Anr
In this trademark dispute, Eveready Industries India Ltd filed a suit alleging both trademark infringement and passing off against Roshanlal Jain & Anr. The Calcutta High Court admitted the plaint subject to seeking leave under Clause 14 of the Letters Patent. The court granted leave under Order 2 Rule 2 CPC and directed the defendants to respond regarding the application for Clause 14 leave, allowing the litigation to proceed.
emami limited v.patanjali ayurved limited
Emami Limited sued Patanjali Ayurved Limited for infringement of its registered trademark 'Kesh King' and design of a bottle, alleging that Patanjali’s ‘Kesh Kanti’ was deceptively similar and copied the bottle design, creating confusion among consumers. The Petitioner claimed significant turnover (Rs. 305.44 Crores) after acquiring rights to both the trademark and design.
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