INDIRA BANERJEE, ABDUL QUDDHOSE
ITC Limited rep by its Constituted Attorney Mr. Nripendranath Thakur – Appellant
Versus
Golden Tobacco Limited – Respondent
ABDUL QUDDHOSE, J.
1. These appeals filed by the plaintiff in the suit being C.S.No.801 of 2015 are against an order dated 07.12.2015, passed by the learned Single Judge, dismissing three interlocutory applications filed by the plaintiff in the said suit, being O.A.Nos.1069, 1070 and 1071 of 2015.
2. The appellant plaintiff who claims to be the proprietor of the registered trademark GOLD FLAKE filed the above mentioned suit against the respondent for inter alia a permanent injunction restraining the respondent from manufacturing, selling and distributing, advertising cigarettes or other allied and cognate goods which amount to passing off the goods of the respondent as the goods of the appellant plaintiff; a permanent injunction restraining the respondent from committing acts of copyright infringement by making substantial reproduction of the appellant plaintiff's copyright in the GOLD FLAKE labels by use of identical and / or deceptively similar colour scheme; damages and other consequential reliefs.
3. According to the appellant plaintiff, the respondent has adopted the words GOLD FLAKE and has copied the same hinge type pack as the appellant plaintiff with layout, colour
ITC Limited vs. Crescendo Tobacco Agency & Another reported in 2011 (3) CHN 238
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Cadila Health Care Ltd. vs. Cadila Pharmaceuticals Ltd.
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S.Syed Mohideen vs. P.Sulochana Bai
Gujarat Bottling Co. Ltd. Vs. Coca Cola Co. and Others reported in 1995 (5) SCC 545
Cadila Health Care Limited vs. Cadila Pharmaceuticals Ltd. reported in 2001 (5) SCC 73
Ponds India Limited (merged with H.L. Limited) vs. Commissioner of Trade Tax
N.R.Dongre and Others vs. Whirlpool Corporation and Another
Ramdev Food Products (P) Ltd. vs. Arvindbhai Rambhai Patel and Others reported in 2006 8 SCC 726
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