Jayanta Kumar Biswas
8 IP cases indexed. Covers patent, design, trademark matters.
Cases Presided Over
8 cases indexed | Page 1 of 1
Sri Rajesh Kumar Banka v.The Union Of India & Ors.
The petitioner challenged an Intellectual Property Appellate Board (IPAB) order that revoked a patent granted to him. The sixth respondent sought revocation under Section 64 of the Patents Act, 1970, alleging lack of novelty based on prior art. The High Court admitted the petition but declined to grant any interim stay.
Ctr Manufacturing Industries Limited v.The Controller Of Patents And Designs & Ors.
The petitioner filed a writ petition challenging the rejection of its application seeking specific information from the Controller of Patents. The court admitted the petition after hearing counsel for both parties, noting that no interim order was sought at that stage.
Hindustan Unilever Limited v.The Controller Of Patents & Ors.
Hindustan Unilever Limited challenged an order by the Deputy Controller of Patents & Designs which allowed the patentee to submit a reply statement after missing the statutory deadline. The petitioner argued this contravened the Patents Rules, 2003. The Court admitted the petition and stayed further proceedings pending its final hearing.
Besco Limited (Foundry & Rubber Division) v.Controller General of Patents, Designs and Trademarks, Government of India
Besco Limited filed a petition alleging that its application under Section 11B of the Patents Act, 1970 had not been processed by the Controller General of Patents as required by Rule 24B. The petitioner argued that the statutory duty was neglected. The Court admitted the petition but clarified that pendency would not prevent the respondents from taking necessary steps.
Glaxo Smith Kline Plc And Ors. v.Controller Of Patents And Designs And ...
Glaxo Smith Kline challenged the rejection of their application for exclusive marketing rights. The core dispute revolved around whether the Controller was legally obligated to consider the examiner's report when making the final decision under Section 24A of the Patents Act, 1970. The Court set aside the impugned order and remanded the matter for a fresh decision based on the law existing at the time of the initial rejection.
Iag Co. Ltd. v.Triveni Glass Ltd.
Iag Co. Ltd. filed a suit seeking permanent injunctions against Triveni Glass Ltd. for infringing its registered glass design 'KARATACHI' (No. 183322), and subsequently filed an interlocutory application for interim relief. The plaintiff claimed exclusive rights over the design, but the court found that the plaintiff failed to prove they were the original proprietor of a new design, suggesting it was sourced from the international market.
Saloo Choudhury And Anr. v.Nissan Europe N.V. And Ors.
The plaintiffs, motor enthusiasts, sued Nissan Motors and its agents alleging breach of contract and fraud after the defendants used their photographs and circumnavigation event for promotional purposes without permission. The defendant sought revocation of leave and dismissal of the suit, arguing lack of jurisdiction and that the suit was vexatious.
Jagadamba Fiscal Services Pvt. Ltd. v.Birla Corporation Ltd. And Anr.
This appeal before the Calcutta High Court challenged an interim order granted by a lower court in a passing-off suit concerning cement products. The plaintiff alleged that the defendant was deceptively using the trademark 'Durgapur Cement' and similar trade dress to pass off its goods as those of the petitioner. However, the appellate bench set aside the interim injunction, finding that the initial order failed to consider established legal factors for passing off actions and did not allow the appellant a proper opportunity to present its defense.
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