Judge Profile

Tapan Kumar Dutt

3 IP cases indexed. Covers trademark, patent matters.

Cases Presided Over

3 cases indexed | Page 1 of 1

trademark plaintiff favorable · Sep 19, 2006

Pankaj Jaiswal v.Virendra Prasad Jaiswal

Calcutta High Court

The plaintiff, Shiva Engineering Company, a manufacturer of electric fans under the registered trademark 'SEC', filed an appeal against an order restraining the defendant from using the word 'SEC'. The dispute centered on alleged passing off and infringement of trade marks and copyright by the defendant, who used similar branding and packaging. The court upheld the lower court's decision, finding that the plaintiff had a strong case for passing off.

trademark defendant favorable · Dec 8, 2005

Kabushiki Kaisha Toshiba v.Toshiba Appliances Co.

Calcutta High Court · null

The appeal challenged the Deputy Registrar's order allowing rectification and removal of certain goods from Toshiba's registered trademark (No. 273758). The core dispute centered on whether the appellant had used the mark in good faith, or if its registration was merely an attempt to block the market for similar goods.

patent defendant favorable · Oct 14, 2004

Bucyrus Europe Limited And Anr. v.Vulcan Industries Engineering Company

Calcutta High Court · null

The appeal was filed by Bucyrus Europe Limited against an order refusing to grant an ex parte ad interim injunction. The court found that the appellant had deliberately suppressed vital information, specifically filing three applications for cancellation of their registered designs before the Controller of Designs. Consequently, the High Court dismissed the appeal and the application for injunction.

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