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.
Read more about Court Rules GUIs Eligible for Design Registration : No More Blanket RejectionsTag: Calcutta High Court
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 works of a deceased author after expiry of an earlier publishing arrangement. The publisher argued that the suit could not proceed because probate had not yet been granted and because an earlier suit had already been dismissed for default, but the court rejected both objections at the interim stage.
Read more about Copyright Lives On, Even Before ProbateExamination 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 reinforces natural justice and procedural discipline in Indian patent prosecution.
Read more about Examination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal UnsustainableShattering one order at a time – Court allows appeal against refusal of glass fiber patent
The Calcutta High Court overturns OCV patent rejection, reinforcing ‘teaching away’ doctrine, inventive step analysis, and Section 3(e) interpretation.
Read more about Shattering one order at a time – Court allows appeal against refusal of glass fiber patentYou Can’t Park Patent Rights in the E-Ricksha Registration Lane
In the case of M/s Sunhok Wheels Pvt. Ltd. & Ors. vs The State of West Bengal & Ors., the Calcutta High Court addressed whether claims of patent rights can prevent registration of e-rickshaws. The court ruled that vehicle registration authorities must act according to statutory rules, and pending patent claims do not automatically restrain registration.
Read more about You Can’t Park Patent Rights in the E-Ricksha Registration LaneShalimar Coconut Oil Bottle Trade Dress Protection and Injunction Confirmed
In the case between Shalimar Chemical Works and Edible Products, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—used for products sold under the Shalimar mark was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off, even if the rival product carried a different brand name.
Read more about Shalimar Coconut Oil Bottle Trade Dress Protection and Injunction ConfirmedOld Music, New Platforms, No Rights: 1977 Bhikari Bal Odia Music Agreement Limitations
In a dispute concerning copyright in Odia devotional music, the Calcutta High Court declined interim protection to the petitioner who claimed exclusive rights in the song “Sathi Pauti Bhoga” through agreements with Bhikari Bal and Radhanath Das. The court held that the agreements were of limited duration, royalty obligations were not fulfilled, and allegations of forgery raised serious questions of fact.
Read more about Old Music, New Platforms, No Rights: 1977 Bhikari Bal Odia Music Agreement LimitationsCoconut Oil Bottle Trade Dress Protection and Injunction Confirmed
In the case of Edible Products (India) Limited vs Shalimar Chemical Works Private Limited, the Calcutta High Court considered whether the trade dress of coconut oil bottles—including shape, colour scheme, and packaging—was being passed off by a rival trader. The court concluded that the plaintiff’s trade dress had acquired distinctiveness and was entitled to protection under the law of passing off.
Read more about Coconut Oil Bottle Trade Dress Protection and Injunction ConfirmedNotarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark case
Calcutta HC rules notarized foreign documents valid without apostille in Marriott trademark opposition, reinforcing fair procedure and natural justice.
Read more about Notarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark caseIntra-Court Appeals Not Maintainable in Trademark Appeals: Calcutta High Court Interprets Section 100A CPC
In the case of Glorious Investment Limited vs Dunlop International Limited & Anr., the Calcutta High Court ruled that no intra-court appeal lies against an order of a Single Judge made under Section 91 of the Trade Marks Act. The court held that once a Single Judge exercises appellate jurisdiction under the Act, a further appeal is barred by Section 100A of the Civil Procedure Code.
Read more about Intra-Court Appeals Not Maintainable in Trademark Appeals: Calcutta High Court Interprets Section 100A CPC