ITC LIMITED Vs. NTC INDUSTRIES LTD

JUDGEMENT

(1.) First, mea culpa: I heard Counsel on both sides at some length almost a year ago. I reserved judgment. Other matters intervened since, and I somehow lost sight of this case. That is no excuse, nor do I seek to make it one. I can only request parties and their advocates to forgive me this lapse.

(2.) The suit is an action in trade mark and copyright infringement combined with a cause of action in passing off. The Plaintiff ("ITC") took an ex parte ad-interim order on 7th May 2014. That order included reliefs in passing off. ITC filed an application for leave under Clause XIV of the Letters Patent only thereafter. This was opposed. For reasons not immediately germane, the ad-interim order was, by consent, vacated on 17th July 2014. The present application is therefore limited to the cause of action in infringement of both trade mark and copyright.

(3.) ITC claims copyright in an artistic work being a label "GOLD FLAKE KINGS RED", a reproduction of which is provided. <SLINK_NO>1</SLINK_NO> It says that this copyright has been infringed by the Defendant ("NTC") in its use of a rival mark "GOLD FLAKE".<SLINK_NO>2</SLINK_NO> In addition, ITC says it is the registered owner of the trade marks "GOLD FLAKE", "HONEY DEW" and "HONEY DEW SMOOTH". Copies of the registrations of each are annexed.<SLINK_NO>3</SLINK_NO> These, ITC claims, have been infringed by NTC inter alia by using rival marks "GOLD FLAKE" and "HONEY DROP". All of this is of course in the context of cigarettes and tobacco products.