A trademark refers to a symbol, word or group of words that are legally registered and used to represent a company. Infringement of trademark implies using exact copy of a registered trademark, similar to registered trademark or using such trademark which may mislead buyers.
Infringement of trademarks is a punishable offence. ITC moved to Bombay HC in 2019 to file case against Godfrey Philips for infringement with its trademark.
This happened when it came to knowledge of ITC that Godfrey has intentionally copied its flake product pattern as well as colour scheme. They made an attempt to use it on their new range of product launched in 2019 named ‘Select Pack’.
On going through the facts of case Justice BP Colabawalla issued the pro-termed order today thereby restraining Godfrey Philips from infringing copyrights of ITC limited in the rival cigarette manufacturers.
Court said that Godfrey Philips has deliberately attempted to copy pattern and colour scheme of ITC’s product. Further judge stated that launch of product in same market as that of ITC with similar trademark itself explains the ill-intent of defendant. Adoption of five-spiked crest device by Godfrey Philips also appears to be substantial copy of ITC’s Flake Refined Taste pack.
By Eshika Singla