Calcutta High Court | Intellepedia

Hybrid Cell Inventions: Section 3(j) of the Patents Act Does Not Apply

In a recent decision, the Calcutta High Court upheld an appeal filed by BTS Research International Pty Ltd (“BTS”) challenging the rejection by the Assistant...

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court granted interim relief in a trademark dispute involving “FIGHTER” and “FITTER” for adhesive tapes, finding deceptive similarity. The decision highlights the court’s approach to trademark protection and irreparable harm in such cases.

Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

The Calcutta High Court permanently restrained Micky Metals from using Lux TMT, finding it constituted passing off against the well-known Lux trademark. The judgment reinforces the legal protection of established trademarks in India.

Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

The Calcutta High Court clarified that resale of lawfully acquired TMT bars does not infringe trademark rights if the goods are unaltered and obtained from authorized distributors. This case sets important precedent on the application of trademark exhaustion under Indian law.

Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

The Calcutta High Court protected the ‘LUX’ trademark in a passing off suit, granting a permanent injunction against the Defendant. This case underscores the significance of prior use and goodwill in trademark disputes.

Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

The Calcutta High Court set aside a post grant opposition decision in a patent dispute for inadequate reasoning and lack of independent analysis. The matter has been remanded for fresh consideration before a different officer to uphold procedural fairness.

Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

The Calcutta High Court has ruled that only officers with quasi judicial authority may issue binding trademark orders under the Trade Marks Act. Orders passed by unauthorized officials were declared void, setting a significant precedent for the administration of trademark opposition proceedings in India.

Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court set aside the Registrar’s decision in a trademark dispute involving similar elephant marks for tea products. The court held that the respondent’s mark was deceptively similar to Girnar’s well-known “JUMBO” mark and allowed Girnar’s appeal.

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

The Calcutta High Court has clarified the standards for product-by-process patent claims in India, focusing on the necessity of expert evidence in infringement cases. The decision in West Bengal Chemicals v. GTZ provides important guidance for pharmaceutical patent litigation.

Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi

The Calcutta High Court quashed a Registrar’s order granting North-Western a trademark with an elephant device, favouring Girnar’s prior rights. The judgment clarifies the assessment of prominent features and evidence in trademark disputes within the tea industry.