Gold Flake vs Gold Stag : Registration Is No Shield
In Pravin Kumar v. ITC Limited, the Calcutta High Court examined whether a Gold Flake trademark infringement claim survives against a registered trademark’s users. The Division Bench weighed…
Calcutta High Court
56 articles
Who Moved My Copyright? The Author, the Publisher and the Missing Assignment Deed
In the case of Pares Chandra Das & Anr. v. New Central Book Agency Private Limited & Ors., the author wrote the books, licensed their publication, stated that…
No Source, No Patent: Calcutta HC Says Fraunhofer Was ‘Shooting in the Dark’ on Bioreactor Biomass Patent
A bioreactor patent promising faster biomass growth through radiation exposure has been refused by the Calcutta High Court for failing to explain how the invention actually works, and…
Where’s It From? Calcutta High Court Ties Biological Material Disclosure to Patent Survival
Fraunhofer's bioreactor patent application met rejection at the Calcutta High Court's IP Division, which weighed whether biological material disclosure of source and geographical origin is mandatory under the…
XX Marks the Spot – Did the XX-Rib Design Ever Deserve Its Registration?
The Calcutta High Court has set aside the Deputy Controller's refusal to cancel a registered design for an XX-Rib pattern on TMT construction rods, finding that the Controller…
Stamp Duty on Copyright Assignment: Calcutta High Court Says Exemption Applies
In the case of M/s. Emami Agrotech Limited v. The Deputy Inspector General of Registration, Range III, Hooghly & Ors., a registered copyright assignment deed led to a…
Seeing Red: Calcutta High Court Upholds Exide’s Trade Dress Injunction Against Amaron
Can a battery brand spend years telling consumers that red means Exide, and then quietly launch its own red product line? The Calcutta High Court's Division Bench says…
Court Rules GUIs Eligible for Design Registration : No More Blanket Rejections
The Calcutta High Court clarified that GUIs are not per se excluded from design registration under the Designs Act, 2000, strengthening GUI protection in India.
Copyright Lives On, Even Before Probate
In the case of Dev Sahitya Kutir Pvt Ltd v. Smt. Archana Debnath & Anr., the dispute arose from alleged publication and sale of copyrighted literary and artistic…
Examination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal Unsustainable
The Calcutta High Court has ruled that the Controller cannot collapse examination and pre-grant opposition into a single composite order to sidestep a Section 14 hearing. The decision…