GODFREY PHILLIPS INDIA LIMITED Vs. ITC LIMITED

JUDGEMENT

(1.) This appeal is at the instance of a Defendant in a suit for infringement of trademark and passing off and is directed against order dated December 7, 2010 passed by a learned Singled Judge of this Court by which His Lordship dismissed the application filed by the Appellant for stay of the suit as well as for deleting the pleadings relating to the allegation of passing off.

(2.) Being dissatisfied, the Defendant has come up with the present appeal.

(3.) The Respondent before us filed in this High Court a suit being C.S. No. 10 of 2009 praying for permanent injunction restraining the Appellant before us and/or its servants, agents, dealers, retailers and others from infringing or in any manner using or causing to be used and/or enabling others to infringe or use the trademark PILOT and/or PILOT NUMBER ONE or any other deceptively similar mark or any trademark consisting of the word PILOT and/or PILOT NUMBER ONE in respect of cigarettes or other tobacco products.