Calcutta High Court Archives

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

The Calcutta High Court denied an interim injunction to SRMB Srijan Pvt. Ltd., which sought to prevent the resale of its TMT bars by defendants citing trademark infringement. The Court held that resale of lawfully acquired SRMB products did not violate trademark rights, as per the Trade Marks Act, 1999, pending further investigation of alleged unauthorized territorial sales. Continue Reading Trademark Exhaustion: Resale of lawfully acquired TMT Bars does not amount to Trademark Infringement

November 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 169Views 1Like

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

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, holding that Micky Metals’ use of the “LUX TMT” mark constituted passing off. The Court granted a permanent injunction, emphasizing that the Plaintiffs’ trademark rights extended even to dissimilar goods. Continue Reading Passing Off Suit: ‘LUX’ Trademark Protected by Calcutta High Court

October 3, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 190Views 0Like

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

In the case of Terex India vs. CDE Asia, the Calcutta High Court remanded the patent dispute for fresh consideration, citing procedural flaws and inadequate reasoning in the original decision. The Court emphasized the need for impartiality and ordered that the case be reviewed by a different officer to ensure a fair outcome. Continue Reading Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court

September 4, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 337Views 2Likes

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

The Calcutta High Court ruled in favor of Visa International Ltd., quashing orders issued by Associate Managers who lacked the legal authority under the Trade Marks Act, 1999. The court emphasized the necessity of proper authorization for quasi-judicial functions within the Trademark Registry. Continue Reading Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

September 2, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 412Views 1Like

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Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes. Continue Reading Jumbo Tramples Haathi Trademark Registration

August 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 274Views 1Like

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

In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement. Continue Reading Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

August 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 533Views 0Like

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Another Dis’connected’ order by the registry, set aside by the Court

The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes. Continue Reading Another Dis’connected’ order by the registry, set aside by the Court

June 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 338Views 3Likes

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Image accompanying blogpost on "Patent Term Travel : The 20 year term from the Date of Filing is constitutionally valid"

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court scrutinized the constitutional validity of Section 53 of the Patents Act. The Petitoner argued for recalculating patent term from the date of grant, contending the current provision as arbitrary. However, the Court upheld the existing framework, emphasizing legislative discretion and international compliance. Continue Reading The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

May 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 664Views 0Like

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Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Explore the latest 2023 updates in Indian trademark law. This post delves into recent court decisions, analyzing key rulings on trademark distinctiveness, registration, and infringement. Stay informed with insights and implications from pivotal cases shaping India’s trademark legal landscape. Continue Reading Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

December 11, 2023 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 3715Views 0Like

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Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 2)

In the second installment of our series on Design Patents in India, BananaIP Counsels presents an analysis of critical judgments that define the scope and interpretation of design law in the country. These rulings offer clarity for stakeholders and contribute significantly to the evolving legal framework surrounding designs. The claim for infringement not established: No Design Infringement of Hipster Alcohol Bottle Design Alcobrew's bottles do not prima facie infringe the registered 'Hipster' bottle design of Diageo says Delhi Court. While rejecting…