2 hrs ago
Calcutta High Court Upholds Stay Protecting ITC’s Gold Flake
ITC makes cigarettes called Gold Flake.
Another company sold cigarettes called IJM Gold Stag.
ITC said the other packet looked too much like its own.
A lower judge temporarily stopped the other company from using the packaging.
The company appealed that decision.
The Calcutta High Court agreed that the packets could confuse ordinary shoppers.
The judges said shoppers usually remember the whole packet, not every small detail.
They also said the word “gold” had become strongly connected with ITC’s product.
The temporary stop will therefore remain in place while the legal case continues.
The Calcutta High Court upheld a temporary injunction against IJM Gold Stag cigarettes.
The court found the product deceptively similar to ITC’s Gold Flake in appearance and branding.
Judges said ordinary shoppers do not have photographic memories of product marks or packaging.
The court held that “gold” had acquired a secondary meaning linked to ITC’s products.
It rejected arguments that the court lacked jurisdiction and that similarities in packaging would not cause confusion.
- Who
- ITC and the manufacturer of IJM Gold Stag cigarettes; the case was heard by Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya.
- What
- The Calcutta High Court upheld a temporary injunction in ITC’s trademark and trade-dress infringement case.
- Where
- The case was heard in the Calcutta High Court; the manufacturer argued that it operated only in Punjab.
- When
- The ruling was issued on September 18.
- Why
- The court found sufficient visual and branding similarity that could confuse ordinary consumers, including through the use of “gold” and similar packaging features.
IJM Gold Stag Manufacturer
ITC
Similarity of marks
IJM Gold Stag Manufacturer
The manufacturer argued that “gold” is a generic word, that the products used different colour combinations, and that ITC had no separate registration for the word or the red-and-gold combination.
ITC
ITC argued that “gold” had acquired a secondary meaning through continuous and extensive use with its products since 1905.
Packaging resemblance
IJM Gold Stag Manufacturer
The manufacturer said its yellow-gold packaging with a vertical red ribbon was distinct from ITC’s gold-brown packaging.
ITC
ITC argued that the products had a striking resemblance in their get-up, layout, colour combination, and placement of features.
Court jurisdiction
IJM Gold Stag Manufacturer
The manufacturer argued that because it operated only in Punjab, the Calcutta High Court could not hear the matter.
ITC
The court held that it had jurisdiction because ITC’s principal office was within its territory and no subordinate office in Punjab had been established.
Key facts
- Disputed brands
- ITC’s Gold Flake and IJM Gold Stag cigarettes
- Court
- Calcutta High Court
- Ruling
- Temporary injunction upheld
- Key finding
- The competing product was deceptively similar to Gold Flake
- Packaging concern
- The court considered the overall packet, including its statutory health warning
- Branding finding
- “Gold” was held to have acquired a secondary meaning associated with ITC’s products
- Packaging space
- ITC argued that statutory warnings cover 85% of the packaging, leaving 15% for the seller’s mark
Quotes
Calcutta High Court bench
The division bench hearing the trademark infringement appeal.
“The test in a passing off or infringement action is that of a ‘common man’, who goes to the market without having a photographic memory of the exact mark of the product intended to be purchased.”
indianexpress.com
“It is the total picture (including the statutory image) which he sees in its entirety, and no normal person would separately scrutinise the actual mark.”
indianexpress.com
Sources
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