P.C. :

1. At the outset, Mr. Kadam, learned Senior Advocate appearing for the Plaintiff tenders the draft amendment. The draft amendment is taken on record. Considering the nature of amendment, the same is allowed. Amendment to be carried out within a period of two weeks. Reverification is dispensed with.

2. This is an action for infringement of trade mark, copyright and passing off. The Plaintiff is the registered proprietor of the trade mark “GOLD FLAKE" which was registered in the 1942 and has been in continuous uninterrupted use of the Plaintiff. The “GOLD FLAKE" trade mark as well as the derivative marks are stated to be highly

reputed amongst trader and consumers and the Plaintiff’s products which are cigarettes are also exported globally.

3. Mr. Kadam, learned Senior Advocate appearing for the Plaintiff submits that in or about 1905, the Plaintiff’s through its predecessor in business commenced the use of the trade mark “Gold Flake” in respect of cigarettes and has obtained trade mark registration. He submits that the Plaintiff is also owner of the original artistic work in respect of the registered trade mark. In order to demonstrate the reputation and goodwill, he points out to the sales turnover which for the year 2023-2024 was Rs.40,186 Crores. He submits that the Defendant Nos.1 and 2 are the owners of various agricultural lands situated in Raigad and one of those plots i.e. Survey No.16, Hissa No.2 appears to have been sold by Defendant Nos.1 and 2 to Defendant No.3. He submits that the Karjat Police carried out a raid on 24th October, 2024, upon a complaint which was filed by the Plaintiff in respect of the illegal manufacturing and counterfeiting of GOLD FLAKE cigarettes. During the raid, the Police found sophisticated unit manufacturing counterfeit GOLD FLAKE cigarettes in the farmhouse on the said land, finished goods, raw material and machinery worth Rs.4.94 Crores and seized the same. He submits that accordingly, First Information Report dated 25th October, 2024 was registered under the various provisions of the Bharatiya Nyaya Sanhita, 2023.

4. He submits that based on this material, the Plaintiffs have

identified that the Defendant Nos.1 and 2 are the beneficial owners of the plot and the unit and are working with in collusion with Defendant No.3 for marketing of counterfeit GOLD FLAKE cigarettes. He submits that the Defendant No.4 has been arrayed as Accused and has been identified as one of the chief conspirators in the police report filed by the Raigad Police. He submits that a charge-sheet has been filed on 2nd May, 2025 by the police authority. He submits that it appears that the illegal unit run by the Defendants for manufacturing of the counterfeit products has no legal factory license, and has been set up clandestinely in the farmhouse. He submits that it appears that the impugned cigarettes are filled with mixed sawdust and chemicals.

5. Mr. Kadam would seek to move without notice to the Defendants and points out to the pleadings at paragraph 11, 12 and 13 of the additional affidavit which is tendered and taken on record. He submits that though the police have certified the destruction of the stock seized during the illegal manufacturing unit considering the magnitude on which the counterfeit manufacturing was going on, it is likely that there are vast stockpiles on the counterfeit cigarettes still to be destroyed and as the manufacturing unit is in the vicinity of the Mumbai city, it is possible that the counterfeit cigarettes are available for sale and distribution within the jurisdiction of this Court. He would further submit that in any event, the Defendants are residing within the jurisdiction of this Court and therefore, this Court will have

jurisdiction in respect of the action of passing off. He would further point out the side by side comparison of the rival products.

6. I have considered the submissions and perused the records.

7. I am convinced for the reasons which are set out in paragraph 11 to