Bench:Moushumi Bhattacharya
9 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
9 cases indexed | Page 1 of 1
Dys Impex Private Limited v.State Of West Bengal
The petitioners, manufacturers of battery operated electric cycle rickshaws, challenged the refusal by authorities to register their vehicles based on a patent injunction. The court examined whether the subsequent modification and vacation of the original injunction made the private respondent's restraint valid. The court held that the initial injunction was modified and found the patent invalid, thus directing the authorities to proceed with registration.
Kanishka Sinha & Anr v.The Union Of India & Ors
The petitioners sought a direction to the Deputy Director General (VAHAN), National Informatics Centre, to grant linkage of their patented software with the Vehicle Registration and Homogation System. The matter was settled amicably between the parties, leading to the court disposing of the writ petition.
Mahindra Electric Mobility Limited v.The State Of West Bengal
The application sought to recall and clarify a prior order passed in WPA 2070 of 2022. The Court found that the writ petition failed to disclose crucial previous orders, including those related to injunctions and infringement suits.
Emami Ltd. v.Torque Pharmaceuticals Pvt. Ltd.
Emami Ltd. vs Torque Pharmaceuticals Pvt. Ltd. saw its multi-faceted IP litigation reach a conclusion through settlement in the Calcutta High Court. The original suit, which involved claims of infringement across trademark, copyright, design, and passing off, was formally withdrawn by both parties. The court accepted the Terms of Settlement, decreeing the parent suit and disposing of all connected applications. This resolution allows both companies to move forward without further legal entanglement.
Hakimuddin Bhemat v.Mahaveer Prasad Agarwal And Anr.
The Calcutta High Court granted an interim injunction protecting the petitioner's intellectual property rights related to fertiliser sprayers. The court found that the respondents were using a virtually identical packaging and trade dress, including the word 'Bharat Shakti,' which amounted to deceiving the public. Consequently, the respondents were restrained from making such imitations, and a Receiver was appointed to inventory the infringing products.
Hakimuddin Bhemat v.Mahaveer Prasad Agarwal And Anr.
The Calcutta High Court granted an interim injunction protecting the petitioner's intellectual property rights related to fertiliser sprayers. The court found that the respondents were using a virtually identical packaging and trade dress, including the word 'Bharat Shakti,' which amounted to deceiving the public. Consequently, the respondents were restrained from making such imitations, and a Receiver was appointed to inventory the infringing products.
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.
ABP Private Limited & Anr. v.Registrar of Trade Marks, Kolkata & Ors.
The petitioners challenged the Registrar of Trade Marks for allegedly treating several trade mark applications as 'abandoned' without following the prescribed statutory framework under the Trade Marks Act, 1999. The court found that the procedure laid down in Section 132 and Rule 38(4) and (5) was not followed, despite the petitioner sending a reply to the objection.
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.
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