Bench:Patherya
26 IP cases indexed. Covers design, copyright, patent, trademark matters.
Cases Presided Over
26 cases indexed | Page 1 of 1
Reckitt Benckiser Australia Pty. Ltd. v.Controller Of Patents And Designs & Ors.
The appeal challenged the Controller's order dated March 28, 2008, which cancelled three design registrations (184135, 184136, and 184137) belonging to Reckitt Benckiser. The appellant argued that the cancellation proceedings were flawed due to denial of cross-examination. However, the High Court dismissed the appeals, finding no violation of natural justice and upholding the Controller's decision.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
The appellant challenged the registration of Design No. 180660 ('Container Lid'), arguing that it was neither new nor original, having been previously registered (Design Nos. 177677 and 177678) and prior published in 1997. The respondent argued that Design No. 180660 possessed distinct features making it novel compared to the earlier designs. The High Court upheld the lower authority's finding, concluding that Design 180660 was new and original.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
Yash Plastomet Pvt. Ltd. appealed the dismissal of its application to cancel Design No. 187706 (a 'Container'). The appellant argued that the design was not new because it had been previously published in October 1997 and registered earlier. The High Court dismissed the appeal, upholding the Controller's order, finding no sufficient evidence of prior publication or novelty.
Saregama India Ltd. v.Alkesh Gupta & Ors.
The petitioners filed for interim relief seeking orders to restrain websites from streaming their copyrighted sound recordings. The respondents argued that personal use is permitted and ISPs should not act as watchdogs. The Court found infringement occurred through commercial exploitation via streaming and directed an injunction against the specified websites.
Tega Industries Ltd v.Kaveri Ultra Polymers (P) Ltd
Tega Industries Ltd filed a suit for perpetual injunction alleging that Kaveri Ultra Polymers (P) Ltd was infringing its patented improved screen panel and fixing arrangement. The court, finding the patent valid and subsisting, granted an interim order restraining the respondent from further infringement.
Asha Audio Company And Anr. v.Om Prakash Sonik & Ors.
Asha Audio Company filed a suit seeking royalties from a copyright society (Respondent No. 4), arguing that Section 19(9) and 19(10) entitle authors to equal shares of royalties, even outside cinematographic films. The dispute centered on the re-registration process of the society, where a show cause notice was issued regarding non-payment of royalties, leading the petitioner to seek an interim injunction against disbursement.
Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another
The appellant filed an appeal seeking cancellation of several registered toothbrush designs, arguing they lacked originality, were mere trade variations, or were prior published. The respondent argued that the designs possessed novelty in their shape and configuration, particularly when combined, and that the Controller's original finding was correct. The High Court dismissed the appeal, upholding the registration.
Anchor Health And Beauty Care Pvt. Ltd v.The Controller Of Patents And Designs & Another
The appellant filed an appeal challenging the Controller's dismissal of its application to cancel several registered toothbrush designs. The appellant argued that these designs lacked novelty, were prior published, or were merely functional/trade variants. The High Court dismissed the appeal, finding that design 176343 was original and new based on its unique combination of shape, configuration, ribs, and etchings.
Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another
The appellant challenged the Controller's decision to uphold the registration of several toothbrush designs, arguing they lacked novelty and were merely trade variants. The court found that certain registered designs were not original or new, particularly when compared to earlier published designs, leading to the setting aside of the Controller's order.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed against the rejection of its application for cancellation of a registered design. The appellant argued that the design was prior published, evidenced by sales and advertisements from 2003-2005. The High Court set aside the Controller's order due to non-appreciation of material evidence and remanded the matter back to the Controller for consideration of merits.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed a rejection order by the Controller of Patents, challenging the decision that its registered design could not be cancelled. The appellant argued that the design had been prior published and that the Controller failed to consider crucial evidence from a suit filed in Ludhiana. The High Court set aside the Controller's order due to non-appreciation of materials and remanded the matter for further consideration.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application under Section 19 of the 2000 Act. The appellant argued that the design was created during the employment of Mr. Chandresh Santosh Kumar Saraswat, who later joined the respondent company. The High Court set aside the Controller's order, finding that the prior publication ground was not properly considered.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd. appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application for their registered design. The core issue was whether the design, which was created while Mr. Saraswat (a director) was employed with the appellant company, could be considered prior publication when he later used it for his respondent company.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd. appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application under Section 19 of the 2000 Act. The appellant argued that the design was created while its director, Mr. Saraswat, was employed with them, making the subsequent use by his new company improper.
M/S. Nikhil Adhesives Ltd v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd challenged the order dated June 30, 2010, which sought to cancel a registered design due to alleged prior publication. The court found that the basis for this finding was questionable.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd. challenged the order dated 30th June, 2010, which cancelled their registered design citing prior publication. The court found prima facie grounds to warrant a stay of this cancellation order.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd. challenged the cancellation of its registered design by The Assistant Controller Of Patents And Designs & Anr., which was based on alleged prior publication. The High Court found the basis for this finding questionable and granted a stay on the impugned order.
Jyoti Jiten Bhatt Trading as Personal Care Systems v.Controller Of Patents And Design & Ors.
The appellant challenged the cancellation of their registered design, which had been cancelled based on a finding of prior publication. The respondents argued that the design was not new or original as it existed in the public domain since 1990. The High Court allowed the appeal, holding that no evidence of prior publication regarding the pattern on the underside of the product was produced before the adjudicating Authority.
Jyoti Jiten Bhatt Trading As Personal Care Systems v.Controller Of Patents And Design & Ors.
The appellant challenged the cancellation order of their registered design (No. 191896) passed by the Assistant Controller. The core dispute revolved around whether prior publications invalidated the design's originality. The court found that the registered design was at variance with the evidence produced regarding prior publication, thus upholding its validity.
Lucky Exports v.The Controller Of Patents And Designs and Ors.
Lucky Exports appealed against the rejection of its application for cancellation of a design registration (Coaster Brake Hub). The appellant argued that the respondent's design was not novel because advertisements were published publicly before the registration date. The court found merit in this argument, noting the prior public disclosures.
Lucky Exports v.The Controller Of Patents And Designs and Ors.
Lucky Exports appealed against the rejection of its application for cancelling a design registration held by respondents. The core issue was whether the registered design, Coaster Brake Hub, was novel, considering advertisements published prior to the registration date. The court found that the prior advertisements proved disclosure before the application date.
Hindustan Unilever Limited v.Procter And Gamble Home Products Limited
The petitioner, Hindustan Unilever Limited, filed a suit seeking mandatory and permanent injunction against Procter And Gamble Home Products Limited for telecasting television commercials that allegedly disparaged its 'Fairness Cream'. The core dispute revolved around whether the respondent's advertisement, which compared its product to others using phrases like 'Does your fairness cream work only on the surface?', amounted to actionable slander of goods. The court ultimately found that while comparison and puffing up are permissible, no actual disparagement or economic loss was established at the interim stage.
Eveready Industries India Ltd. v.Anil Gupta Trading As M/S. Shiva Lamps Industries
The Calcutta High Court addressed a dispute between two trademark holders, Eveready Industries and Shiva Lamps, concerning the use of the mark 'EVEREADY'. While both parties held registrations, the court found that the defendant was restrained from using the plaintiff's stylized form of the word mark. Furthermore, the court restricted the defendant's sales to their five registered states, while directing the transfer of pending rectification applications to ensure a speedy resolution of the underlying trademark disputes.
Vipul Amrutlal Shah v.Shree Venkatesh Films Pvt. Ltd.
Vipul Amrutlal Shah filed a suit alleging that the Bengali film 'Poran Jaey Joliya Re' infringed his copyright in the successful Hindi film 'Namastey London'. The core dispute centered on whether copying the storyline and plot amounted to infringement, despite the legal principle that there is no copyright in an idea. The court found substantial similarity and granted interim relief.
Tega Industries Ltd v.Kaveri Ultra Polymers (P) Ltd
Tega Industries Ltd filed a suit seeking perpetual injunction against Kaveri Ultra Polymers (P) Ltd, alleging that the latter was infringing Tega's patented improved screen panel and fixing arrangement. The court granted an interim order restraining the respondent from infringing patent no. 231453 until May 13, 2009.
C. A. Polytech Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
The petitioner challenged an order passed by the Assistant Controller of Patents and Designs. The court found that there was no delay in filing the appeal, making it admissible under the Designs Act, 2000. Consequently, the court admitted the appeal and stayed certain conflicting observations made previously.
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