IP Cases — 1966
3 decisions across all jurisdictions
Page 1 of 1 · 3 total
A.P.K. Narayanaswami Chettiar Firm v.V.K. Perumal Chettiar And Sons
The petitioner filed a suit for piracy of a registered design in the District Court. The District Judge attempted to transfer this suit to the High Court, citing provisions applicable to patent infringement suits. The Madras High Court held that since the dispute related solely to a design (Part II of the Act), the provisions governing patent transfers were inapplicable, and thus the order of transfer was without jurisdiction.
The Pilot Pen Co. (India) Private Ltd. v.The Gujarat Industries Private Ltd.
The Pilot Pen Co. sued several defendants alleging unlawful infringement and piracy of its registered fountain pen clip design (No. 101410). The defendants argued that the design was common, lacked novelty, or that the suits were not maintainable. The Court found that the clip design lacked originality and was a common type, leading to the dismissal of the plaintiff's suit.
A.P.K. Narayanaswami Chettiar Firm v.V.K. Perumal Chettiar And Sons
The revision was filed against an order by the District Judge, Salem, which directed the transfer of a suit for piracy of a registered design to the High Court. The court held that since the dispute related only to a design (covered under Part II of the Act), and not a patent, the provisions allowing transfer of patent infringement suits were inapplicable. Consequently, the order of transfer was set aside.
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