Year

IP Cases — 1973

6 decisions across all jurisdictions

By jurisdiction: India 6 European UPC 0 US PTAB 0
By type: patent 2 trademark 2 design 1 copyright 1

Page 1 of 1 · 6 total

patent defendant favorable · Mar 27, 1973

Hindustan Sanitaryware And Industries Limited v.Neiveli Ceramics And Refractories Ltd.

Delhi High Court · null

Hindustan Sanitaryware (petitioner) filed a petition before the Delhi High Court seeking the revocation of Patent No. 103411 held by Neiveli Ceramics (respondent). The core dispute revolved around whether the Delhi High Court had jurisdiction to hear the revocation petition, and whether the proceedings should be stayed due to an existing infringement suit in Madras.

design null · Apr 6, 1973

Western Engineering Company v.America Lock Company

Delhi High Court · Original Suit No. 3 of 1967 (and C. O. No. 1 of 1966, C. O. No. 7 of 1967)

Western Engineering Company held a registered design for a horse-shoe shaped cycle lock. America Lock Company also obtained a similar design registration. Western Engineering Company sued America Lock Company for infringement, claiming the latter copied its design. The court analyzed both designs to determine if they were original or merely trade variants.

trademark plaintiff favorable · Feb 20, 1973

The J.B. Williams Co., Inc And Anr. v.Registrar Of Trade Marks And Ors.

Calcutta High Court

The petitioner, a manufacturer and proprietor of several trade marks related to toilet preparations, applied to be registered as a sole registered user. The Registrar refused the application citing concerns about foreign exchange expenditure affecting indigenous brands. The High Court ruled in favor of the petitioner, holding that since the company was incorporated in India, it could not be classified as a foreign company for this purpose.

trademark defendant favorable · May 2, 1973

Madan Mohan Lal Garg v.Brijmohanlal Garg

Delhi High Court · 9(1973)DLT397

The appellant challenged the Assistant Registrar's decision regarding an amendment to a trade mark application ('SHANKER') filed by the dissolved firm Meerut Engineering Works. The appellant sought judicial determination of rights before the registration process could proceed, but his applications were rejected as incompetent under Section 44. This appeal was ultimately dismissed.

patent dismissed · Sep 14, 1973

Somabhai Ishwarbhai Bhagat v.Natwerlal Chhanalal And Co. And Ors.

Gujarat High Court · Regular Civil Suit No. 2348 of 1971 (Transferred)

The petitioner filed a civil suit alleging infringement of Patent No. 124131, which covered a roasting apparatus. The respondent counterclaimed seeking revocation of the patent. The court examined whether the suits and counterclaims were premature because they were filed before the official sealing date of the patent.

copyright defendant favorable · Jul 18, 1973

State Of Madras v.A.L.S. Productions

Madras High Court · T.C. No. 357 of 1969, T.C. No. 441 of 1969

The State of Madras challenged the Sales Tax Appellate Tribunal's finding that contracts between producers (assessees) and advertisers were 'works contracts,' not sales. The dispute centered on whether the production and supply of advertisement films constituted a taxable sale under the Madras General Sales Tax Act, 1959. The court ultimately agreed with the Tribunal, holding that since the advertiser retained ownership and exploitation rights under the Copyright Act, the contract was a service agreement.

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