Itc Limited vs Pravin Kumar And Ors on 20 June, 2025

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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.



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