ITC Limited v. NTC Industries Ltd. - (High Court of Bombay) (29 Sep 2015)

Court rules in favour of ITC in ‘Gold Flake’ dispute

MANU/MH/2559/2015

Intellectual Property Rights

Noting that NTC’s use of the trademark ‘NATIONAL GOLD FLAKE’ was either insufficient or kept clandestinely low to not attract the Petitioner’s attention, the Bombay High Court held in favour of ITC. Instituted by ITC, the case had involved various allegations of trade mark and copyright infringement of the popular brand ‘GOLD FLAKE’ on cigarette and tobacco products. The Court found NTC’s mark deceptively similar to ITC’s; it opined, “…the typical purchaser demographic is unlikely to be well-heeled or of the jet-set” and determined the likelihood of confusion and deception to be high.

Relevant : Dr. Reddy's Laboratories Ltd. v. Reddy Pharmaceuticals Ltd. MANU/DE/0658/2004 National Bell Co. & Anr. v. Metal Goods Mfg. Co. (P) Ltd. & Anr. MANU/SC/0369/1970 Shaw Wallace & Co. v. Mohan Rocky Spring Water MANU/MH/0119/2006