Bench:Kalyan Jyoti Sengupta
4 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Three-N-Products Private Ltd. v.Karnataka Soaps And Detergents Limited
The Calcutta High Court ruled in favor of Three-N-Products Private Ltd., granting an interim injunction against Karnataka Soaps And Detergents Limited (Respondent No. 1) for passing off and infringing its registered trademark 'Ayur'. The court found that the petitioner was the senior user of the mark, despite the respondent having a subsequent registration of 'Mysore Sandal Ayur Care.' This decision emphasizes the importance of establishing seniority in trade mark disputes, particularly when dealing with deceptively similar marks.
Hindustan Lever Limited v.Cavin Kare Limited And Ors.
The petitioner (Hindustan Lever Limited) filed contempt applications alleging that the respondents (Cavin Kare Limited and Ors.) willfully breached an undertaking recorded during a prior compromise regarding Patent No. 169917. The undertaking prohibited the manufacture and marketing of fairness cream using Silicone compound in combination with specific ingredients covered by the patent. After considering conflicting reports, the Court found the breach deliberate and wilful.
Allergan Inc. v.Chetana Pharmaceuticals
The plaintiff filed a suit for passing off against the defendant regarding the identical mark "Oxyline" used for medicinal products (eye drop vs. nasal drop). The court examined the claims of senior user status by both parties and the potential confusion arising from using similar marks on vital medicines.
T.I. Raleign Industries Limited And ... v.Cycle Corporation Of India Ltd.
The Calcutta High Court granted leave to the respondents (T.I. Raleign Industries) to enter into an agreement allowing a third-party manufacturer (Avery Cycle Industries Ltd.) to use their registered trademarks. This decision was made despite previous judicial restrictions preventing such assignments or licenses, recognizing that the applicants sought statutory permission for user rights. The court imposed strict conditions, requiring the parties to substantiate bonafide intent and act within an eight-week timeframe, emphasizing that this order did not constitute a final judgment on the merits.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.