Citation : 2026 Latest Caselaw 638 Cal/2
Judgement Date : 6 February, 2026
OIPD-2
IN THE HIGH COURT AT CALCUTTA
Intellectual Property Rights Division
ORIGINAL SIDE
IA NO. GA-COM/1/2026
In
IP-COM/2/2026
ITC LIMITED
Vs
BRITANNIA INDUSTRIES LIMITED
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 6th February, 2026 Appearance:
Mr. S.N. Mookherjee, Sr. Adv. Mr. Rudraman Bhattacharya, Sr. Adv.
Mr. Viraj Gupta, Adv.
Mr. P. Sinha, Adv.
Mr. K.K. Pandey, Adv.
Ms. S. Majumdar, Adv.
Mr. Manosij Mukherjee, Adv.
Mr. Dipro Dawn, Adv.
Ms. Mallika Bothra, Adv.
Mr. Souradip Banerjee, Adv.
...for the plaintiff.
Mr. Ratnanko Banerji, Sr. Adv Mr. Arunabha Deb, Adv.
Mr. Soumya Raychowdhury, Adv.
Ms. Ashika Daga, Adv.
Mr. Raunak Das Sharma, Adv.
Ms. S. Bhowmik, Adv.
Ms. Sampurna Mukherjee, Adv. Mr. Aditya Mukherjee, Adv.
...for the defendant.
The Court: This is a suit for infringement of copyright and passing off.
It is fairly submitted on behalf of the plaintiff that at the ad interim stage,
there is no scope for passing any interim order. It is also submitted on behalf of
the plaintiff that the defendant as a trade rival has only launched the impugned
product in Kerala and Tamil Nadu. This fact is disputed by the defendant.
In view of the above, the parties are directed to exchange affidavits.
Let Affidavit-in-Opposition be filed within one week from date; Reply be filed
one week thereafter.
Let this matter appear on 26 February, 2026.
The above directions are peremptory in nature.
(RAVI KRISHAN KAPUR, J.)
spal
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