Calling the Situation Grim, the Supreme Court Takes Suo Motu Cognizance of Delays in NCLT Approvals  ||  Supreme Court: Admission of a Claim by a Resolution Professional is Not Debt Acknowledgment  ||  Supreme Court: Public Figures Must Exercise Caution as Their Words Have Consequences in Society  ||  SC: State Must Act as a Model Employer, Criticising the Union For Not Regularising ISRO Workers  ||  J&K&L High Court: Minor Minerals Have Major Environmental Impacts and Must be Regulated  ||  Del HC: Unexplained Money Received by Public Servant is Not Bribery Without Proof of Official Favour  ||  Del HC: There is No Absolute Bar on Granting Co-Convicts Parole/Furlough Together in Suitable Cases  ||  Bom HC: LARR Authority Can Examine Limitation Issues in Land Acquisition References under 2013 Act  ||  MP HC: Long-Serving Employees Cannot Be Denied Regularisation by Retrospective Statutory Amendments  ||  J&K&L HC: Routine Challenges to Lok Adalat Awards Defeat Their Purpose of Quick Dispute Resolution    

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

Tags : CIGARETTE   GOLD FLAKE   TRADE MARK   COPYRIGHT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved