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 dated 6 February 2025 read with order dated 7 February
2025 and for dismissal of GA-COM 1 of 2025. GA-COM 4 of 2025 is
an application seeking revocation of dispensation granted under
section 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.