ITC LIMITED Vs. PRAVIN KUMAR

JUDGEMENT

(1.) This is a rolled up action complaining of infringement of trademark, copyright and passing off.

(2.) GA-COM 1 of 2025 is an application seeking interim reliefs. GA-COM 2 is an application filed by the respondent no.1 seeking vacating of the interim order dtd. 6/2/2025 read with order dtd. 7/2/2025 and for dismissal of GA-COM 1 of 2025. GA-COM 4 of 2025 is an application seeking revocation of dispensation granted under sec. 12A of the Commercial Courts Act, 2015. By consent of the parties all these applications were heard analogously.

(3.) The petitioner is a reputed multinational company inter-alia engaged in the manufacture, sale and distribution of cigarettes. The petitioner is also the proprietor of a well-known trademark "GOLD FLAKE", GOLD FLAKE roundel devices and the attendant trade dress. The petitioner has several other registrations in its favour which include the word mark registration 'GOLD FLAKE Hallmark', 'GOLD FLAKE Ultima', 'GOLD FLAKE Century' and 'GOLD FLAKE Super Star'. In addition, the petitioner has also several copyright registrations in respect of the mark "GOLD FLAKE". It is alleged that the petitioner has been extensively using the mark "GOLD FLAKE", 'GOLD FLAKE roundel devices', the attendant trade dress uninterruptedly and continuously since 1905. The sales turnover of the petitioner for cigarettes under the mark GOLD FLAKE are in excess of thousands of crores. The petitioner also claims that with the passage of time, the word "GOLD" has become exclusively associated with the petitioner's cigarettes. The petitioner has also obtained several registrations of the device mark "GOLD FLAKE". The details of all such registrations of the trademark and copyright of the petitioner are morefully enumerated in the petition.