- Case number
- COM/1/2026
- Court
- Calcutta High Court
- Date of judgment
- Judge
- Rajasekhar Mantha
- Outcome
- Injunction granted
Headnote
Ad interim injunction set aside. The Division Bench doubted whether any prima facie case for interlocutory relief had been made out, noting that the suit was essentially one for disparagement with belated pleadings on trade mark infringement and passing off added to it. It held that an expired proprietary right in a design cannot be enforced indirectly, and that a trade mark which requires interpretation cannot be enforced. Injunctions obtained against other private players were held inapplicable on the facts, their products being similar in colour, shape and design to the plaintiff's.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.