ITC LIMITED Vs. GODFREY PHILLIPS

JUDGEMENT

(1.) At the outset, I must state that this matter was heard by me on 2/3/2020, 3/3/2020, 4/3/2020 and the arguments concluded on 5/3/2020. The matter was thereafter posted on 23/3/2020 for passing orders. However, in the meanwhile, since the Covid-19 Pandemic interjected and the Court's normal working was disrupted, orders could not be passed on 23/3/2020. Now, since the lockdown imposed by the Government Authorities has been substantially lifted and things are slowly opening up, the order is being pronounced today.

(2.) The above Intellectual Property Suit has been filed on three separate causes of action, namely (a) the cause of action for infringement of copyright; (b) the cause of action for passing off; and (c) the cause of action for infringement of its registered trademark containing the word FLAKE and FLAKE PREMIUM. The above Interim Application seeks to restrain the Defendants from infringing the copyright of the Plaintiff; passing off the goods of the Defendants as that of the Plaintiff and restraining the Defendants from infringing the registered trademark of the Plaintiff containing the words FLAKE and FLAKE PREMIUM. At the outset I must state that both parties have cited several decisions before me. However, I am not going to refer all the decisions as admittedly, the present Interim Application has been moved only for ad-interim reliefs.

(3.) Having said this, it would be necessary to set out the brief facts on the basis of which the Plaintiff claims the reliefs as set out in the Interim Application. The Plaintiff is a well known manufacturer of cigarettes. In 1905, the Plaintiff adopted a distinctive trademark by combining two distinctive words "GOLD" and "FLAKE" and coined the trademark GOLD FLAKE for use in relation to cigarettes. It is thereafter stated that in 1971 the Plaintiff launched a new brand of cigarettes using the word FLAKE as a trademark. Over the years, it has launched numerous variants under its FLAKE trademark including FLAKE PREMIUM, FLAKE REFINED TASTE, FLAKE EXCEL, FLAKE FINE CUT etc.