Bench:Ravi Krishan Kapur
197 IP cases indexed. Covers design, trademark, patent matters.
Cases Presided Over
197 cases indexed | Page 1 of 7
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of various applications seeking to register GUIs as industrial designs. The appellants argued that the Controller adopted an unduly strict interpretation, failing to recognize GUIs as registrable designs under the Designs Act, 2000. The Court held that the respondent authorities failed to apply the correct legal tests regarding GUI registration.
Nec Corporation v.The Controller Of Patents And Designs
The appeal challenged the rejection of designs related to GUIs on display screens. The appellants argued that strict interpretations by the Controller rejected GUI as not being an article or having permanence. The court held that the respondent authorities failed to apply correct legal tests, setting aside the impugned orders and remanding the cases for fresh consideration.
Nec Corporation v.The Controller Of Patents And Designs
The appeal challenged the rejection of designs related to GUIs on display screens. The respondent authorities adopted a narrow interpretation, arguing that GUIs are mere software and not registrable articles. The High Court ruled in favor of the appellants, holding that the existing legal definitions must be interpreted expansively to recognize GUIs as industrial designs.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs in electronic devices. The appellants argued that the Controller adopted an unduly strict interpretation, failing to recognize GUIs as registrable designs. The Court held that the respondent authorities failed to apply the correct legal tests regarding GUI registration.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs in electronic devices. The appellants argued that strict interpretations by the Controller regarding whether GUIs constitute an 'article' or possess permanence were flawed. The Court held that the respondent authorities failed to apply correct legal tests, setting aside the impugned orders and remanding all matters for fresh consideration.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to Graphical User Interfaces (GUIs), arguing that the Controller adopted an unduly strict interpretation of 'design' and 'article'. The court held that the respondent authorities failed to apply the correct legal tests regarding GUI registration. Consequently, all matters were set aside and remanded for fresh hearing.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs in electronic devices. The appellants argued that strict interpretations by the Controller regarding whether GUI qualifies as a registrable design were flawed. The Court held that the respondent authorities failed to apply correct legal tests, setting aside the impugned orders and remanding the cases for fresh consideration.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs on display screens. The appellants argued that strict interpretations by the Controller regarding whether GUIs constitute an 'article' or possess permanence were flawed. The Court held that the respondent authorities failed to apply the correct legal tests, setting aside the impugned orders and remanding all matters for fresh consideration.
Kas Zainulabdin And Co v.Gokul Chand Manoj Kumar And Sons Gm And Sons Private Limited And Anr.
This case involves a suit for infringement and passing off. The defendants argued that the plaintiff suppressed facts regarding their knowledge of the impugned product. However, the court dismissed the application seeking dispensation under Section 12A, finding that the grounds provided by the plaintiff were sufficiently explained and the cause of action was continuing and recurring in nature.
UPL Limited v.Haryana Pesticides Manufactures Association & Anr.
The petitioner challenged an order rejecting its patent application for 'HERBICIDAL COMBINATIONS' based on pre-grant opposition grounds (lack of novelty/inventive steps). The core grievance was that the respondent authorities failed to provide the appellant with separate opportunities of hearing under Sections 14 and 25(1) of the Patents Act, leading to a violation of natural justice.
Topotarget Uk Limited v.The Controller General Of Patent And Designs, Mumbai and Ors.
Topotarget UK Limited appealed a rejection order against its patent application for a pharmaceutical composition (PXD101 with an in situ salt former). The rejection was based on insufficiency of disclosure, lack of inventive step, and Section 3(d) objections. The High Court found that the Controller misconstrued the invention as a salt per se, failing to consider the multi-component nature of the composition.
Dr. Dulal Kumar De v.Union Of India & Ors.
The petitioner challenged the rejection of his patent application for 'Herbal Anti-Venom against Catfish Sting' on grounds of abandonment. The core dispute revolved around whether the service of the First Examination Report (FER) via email, rather than registered post, invalidated the time limits under the Patents Act, 1970.
Viacyte Inc v.Deputy Controller Of Patents And Designs
Viacyte Inc appealed a rejection order from the Deputy Controller of Patents regarding an invention for a bioreactor used to culture primate pluripotent stem cell-derived cell aggregates. The Controller rejected the application, finding it lacked inventive steps and failed disclosure requirements. The High Court upheld the Controller's decision.
OCV Intellectual Capital Llc v.The Controller General of Patents, Designs and Trademarks
The appeal challenged the rejection of a patent application for a high-performance glass fiber composition that achieves S-glass properties at a lower manufacturing cost. The Controller rejected it based on lack of novelty, inventive steps, and non-patentable subject matter. The High Court set aside the rejection order, finding that the Controller failed to consider key arguments regarding technical advancement and synergistic effect.
Bennett Coleman And Company Limited (Sr) v.Sony Ericsson Mobile Communications Ab and Anr.
The Calcutta High Court allowed an application for rectification, expunging a trademark registration held by Sony Ericsson Mobile Communications AB. The petitioner, Bennett Coleman And Company Limited, successfully argued that the registered mark had never been genuinely used since its inception in 2007. Relying on Section 47 of the Trademarks Act, 1999, the court found that the continued presence of the unused mark constituted a wrongful and erroneous entry, thereby favoring the petitioner's claim to prior rights.
Somany Ceramics Limited v.Hsil Limited And Anr.
The Calcutta High Court allowed an application filed by Somany Ceramics Limited seeking the removal and cancellation of a specific registered device mark, 'A Somany Enterprise,' belonging to Hsil Limited. The core ground for the relief was non-use, as the applicant successfully argued that the respondent had never commercially used the impugned mark in relation to the goods specified under Class 16. Given the respondents' concession regarding the lack of commercial use, the court directed the removal of the mark from the Trade Marks Register.
Astellas Institute For Regenerative Medicine v.The Controller Of Patents And Designs
The petitioner appealed against an order rejecting their patent application for 'Improved methods of producing RPE cells and compositions of RPE cells'. The core dispute centered on whether the invention, which uses human pluripotent cells to produce RPE cells, violated Section 3(b) of the Patents Act due to ethical concerns about embryo destruction. The court upheld the rejection order.
Prabin Kumar Shah v.Manoj Kumar Jagnani And Ors
The Calcutta High Court heard an application for rectification filed by Prabin Kumar Shah seeking cancellation of Trademark No. 1553036 in Class 30. The court noted that the respondent's mark appeared to be slavishly imitating the petitioner's mark. Given the respondent's proposal to change the impugned mark (in color and font), the Court granted them an opportunity to revise it, while also directing them to adhere to a prior binding decree from the District Court at Bokaro.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the rejection of their patent application (No. 1250/KOL/2009) based on alleged lack of inventive steps. The appeal argued that the Controller reintroduced this objection suo moto, violating natural justice principles and contradicting earlier notices where the objection had been waived.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the Controller's decision to reject its patent application (1250/KOL/2009) primarily on grounds of lacking inventive steps. The appellant argued that the reintroduction of this objection after amendments and previous hearings violated natural justice principles. The High Court found that the procedure was against the scheme of the Act, setting aside the rejection order.
M/S. Loreal v.Loren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
M/S L Oreal v.M/S Loren Beautifiers Pvt Ltd And Ors
The Calcutta High Court allowed an application filed by M/S L Oreal seeking the cancellation of a similar mark, 'LOREN BOROHERB,' registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted evidence of non-use, the Court directed that the impugned registration be removed from the register, reinforcing the importance of active commercial use for maintaining a trademark.
M/S Loreal v.M/S Loren Beautifiers Pvt Ltd And Others
The Calcutta High Court allowed an application filed by M/S Loreal seeking the cancellation of the mark 'LOREN BORORICH.' The sole ground for the petition was non-use, as the respondent failed to demonstrate any bona fide use of the trademark in relation to Class 3 goods for the statutory period. Given the uncontroverted allegation of non-use and the respondent's failure to provide evidence, the court directed that the impugned mark be removed from the register.
Parul Ruparelia And Anr v.Camme Wang And Anr
The Calcutta High Court dismissed the petitioners' interim relief application in a trademark infringement suit concerning the mark 'PL SUPREME'. The court found that the respondents, who are Chinese manufacturers, had prior use of the mark since 2014. Furthermore, the court heavily scrutinized the petitioners' conduct, finding prima facie evidence of underinvoicing and financial irregularities, which led to the dismissal of their claims based on principles of 'clean hands.'
M/S. Anup Kumar Biswas v.M/S. S. H. Biri Factory And Anr.
M/S. Anup Kumar Biswas filed an application seeking the rectification of a Copyright Registration held by M/S. S. H. Biri Factory And Anr., alleging that the registered label was deceptively similar to their own trade name and infringed upon their rights. The petitioner claimed the registration was obtained surreptitiously without notice. Given the respondent's willingness to have the matter heard afresh after proper notice, the Court cancelled the impugned registration and remanded the case back to the Copyright Registrar for a fresh decision.
Shroff Geeta v.Asst. Controller Of Patents And Design
The appellant challenged the rejection of a patent application for 'Composition comprising human embryonic stem cells and their derivatives' based on Section 3(b) of the Patents Act, 1970. The respondent argued that deriving these stem cells requires the destructive use of human embryos, making the invention contrary to public order or morality. The High Court upheld the rejection.
PepsiCo, Inc. v.Jagdamba Foods Pvt. Ltd. And Anr.
PepsiCo successfully petitioned the Calcutta High Court for the cancellation of a similar trademark, 'JAY'S,' registered by Jagdamba Foods Pvt. Ltd. The court found that the impugned mark was phonetically identical and deceptively similar to PepsiCo's well-established brand, 'LAY'S.' Given the similarity in goods (snack foods) and the petitioner's immense goodwill, the court ruled that the registration of 'JAY'S' violated the Trademarks Act and must be cancelled.
M/S. Polo / Lauren Company, L.P. v.M/S. Loren Beautifiers Pvt. Ltd. And Anr.
The Calcutta High Court allowed an application for rectification filed by M/S. Polo / Lauren Company against a similar trademark, 'LOREN'. The petitioner argued that the respondent's mark was registered dishonestly and created a likelihood of confusion with their established global brand, 'RALPH LAUREN'. Crucially, the court noted that the impugned registration had long lapsed and no steps were taken by the respondent to renew it. Consequently, the court directed the removal and expunging of the expired trademark entry.
IFB Industries Limited v.Mehul Bharatbhai Vavdiya And Others
The Calcutta High Court admitted the plaint in the case of IFB Industries Limited vs Mehul Bharatbhai Vavdiya And Others. The court granted leave under relevant procedural rules, allowing the matter to proceed for scrutiny by the Department.
Triumph Designs Limited v.Tube Investments Of India And Anr
The Calcutta High Court addressed an application filed under Section 47 of the Trademarks Act, 1999, seeking cancellation of a mark based on non-use. While the core issue remains pending, the court granted a short adjournment to allow for the appearance of counsel from Chennai. The respondent was directed to pay costs before the next hearing date.
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