ITC LIMITED Vs. GOLDEN TOBACCO LIMITED

JUDGEMENT

(1.) These appeals filed by the plaintiff in the suit being C.S.No.801 of 2015 are against an order dated 07.12.2015, passed by the learned Single Judge, dismissing three interlocutory applications filed by the plaintiff in the said suit, being O.A.Nos.1069, 1070 and 1071 of 2015.

(2.) The appellant plaintiff who claims to be the proprietor of the registered trademark GOLD FLAKE filed the above mentioned suit against the respondent for inter alia a permanent injunction restraining the respondent from manufacturing, selling and distributing, advertising cigarettes or other allied and cognate goods which amount to passing off the goods of the respondent as the goods of the appellant plaintiff; a permanent injunction restraining the respondent from committing acts of copyright infringement by making substantial reproduction of the appellant plaintiff's copyright in the GOLD FLAKE labels by use of identical and / or deceptively similar colour scheme; damages and other consequential reliefs.

(3.) According to the appellant plaintiff, the respondent has adopted the words GOLD FLAKE and has copied the same hinge type pack as the appellant plaintiff with layout, colour scheme, design and get up identical to the appellant plaintiff's pack and infringed its trademark only to mislead consumers into believing that the impugned products are of the appellant plaintiff or that the cigarettes of the respondent have some connection with cigarettes of the appellant plaintiff and thereby trade upon the immense goodwill of the appellant plaintiff and the reputation and popularity of its products.