Antex Pharma Pvt Ltd & Anr. v. Elder Projects Ltd & Anr.

Glaxosmithkline LlcvsController General Of Patents And Designs And Anr.

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.

V.K.R. VenkatesanvsS.Athiappan

V.K.R. Venkatesan filed a civil suit against S.Athiappan, Proprietor of Chitra Enterprises, alleging infringement of his registered trademarks ('SIVAJI' and 'V.K.R. SIVAJI BRAND') and copyright over artistic works. The plaintiff sought perpetual injunctions to stop the use of deceptively similar marks like 'SIVAJI GOLD'. However, before the court could rule on the merits of the infringement claims, the plaintiff chose to withdraw the suit.

ITC LimitedvsThe Controller of Patents, Designs & Trademark

ITC Limited appealed the rejection of its patent application for a novel chemical-based nicotine aerosol delivery device. The Controller had rejected the application, citing public health concerns related to nicotine and referencing various statutes. ITC argued that since the device operates purely through a chemical reaction without electrical components, it should not be classified as an ENDS or e-cigarette. The Calcutta High Court ultimately ruled in favor of ITC Limited, emphasizing international IP principles (TRIPS and Paris Convention) which mandate that patentability cannot be denied merely because commercial exploitation is restricted by domestic law.

Amir Biri Factory And Ors.vsSk Faruk

The Calcutta High Court disposed of a trademark infringement suit between Amir Biri Factory And Ors. and Sk Faruk after both parties reached a comprehensive settlement agreement. The core of the settlement involves Sk Faruk agreeing to cease using certain disputed marks (like 'JULFIKAR TARE A-1 KHAINI') in connection with goods outside Chewing Tobacco/Khaini, while also accepting modifications to their mark usage. Furthermore, Sk Faruk committed to exhausting existing stock within one month and agreed not to raise further legal claims related to the dispute.

Hero Investcorp Pvt Ltd And AnrvsAshok Kumar (John Doe)

The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.