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2020 Supreme(Bom) 1104

B.P.COLABAWALLA
ITC Limited – Appellant
Versus
Godfrey Phillips (India) Limited – Respondent


Advocates Appeared:
For the Appellant :Ravi Kadam, Senior Advocate, Rohan Kadam, Nimish Kothare, Nikhil Mutha, Nitant Sheth and Ashwini Sonawane i/b Nanu Hormasjee and Co.
For the Respondent:Veerendra Tulzapurkar, Senior Advocate, Ashish Kamat, Megha Chandra, Varun Satiya, Pradeep Mane and Arun Unnikrishnan i/b AAJ Legal and Co.

B.P. Colabawalla, J.

1. At the outset, I must state that this matter was heard by me on 2nd March 2020, 3rd March 2020, 4th March 2020 and the arguments concluded on 5th March, 2020. The matter was thereafter posted on 23rd March, 2020 for passing orders. However, in the meanwhile, since the Covid-19 Pandemic interjected and the Court's normal working was disrupted, orders could not be passed on 23rd March, 2020. Now, since the lockdown imposed by the Government Authorities has been substantially lifted and things are slowly opening up, the order is being pronounced today.

2. The above Intellectual Property Suit has been filed on three separate causes of action, namely (a) the cause of action for infringement of copyright; (b) the cause of action for passing off; and (c) the cause of action for infringement of its registered trademark containing the word FLAKE and FLAKE PREMIUM. The above Interim Application seeks to restrain the Defendants from infringing the copyright of the Plaintiff; passing off the goods of the Defendants as that of the Plaintiff and restraining the Defendants from infringing the registered trademark of the Plaintiff containing the words FLAKE and FLAKE PREMIUM.

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