Calcutta High Court Archives

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

The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business. Continue Reading The sticky trademark fight between “FIGHTER” and “FITTER”

December 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 214Views 1Like

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

The Calcutta High Court ruled in favor of Biswanath Hosiery Mills, granting a permanent injunction against Micky Metals for passing off the “LUX” trademark. The Court emphasized the Plaintiffs’ prior use and substantial goodwill, holding the Defendant’s mark “LUX TMT” deceptively similar. Remedies included profit accounting since 2009 and the prevention of further use. Continue Reading Micky Metals runs out of “LUX”, Court issues injunction against using “LUX TMT” Trademark

November 25, 2024 IP AI Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 249Views 2Likes

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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 245Views 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 311Views 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 402Views 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 523Views 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 320Views 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 626Views 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 378Views 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 813Views 0Like

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Celebrating 20 Years of IP Excellence

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

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

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

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

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

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

Jumbo Tramples Haathi Trademark Registration

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

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

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

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