The Bombay High Court allowed ITC Limited’s application for ad-interim relief, granting an injunction against the manufacture, sale, advertisement, and distribution of counterfeit “Gold Flake” cigarettes by the defendants. The Court also ordered disclosure of identities connected to the counterfeit business.
ITC Limited, the registered proprietor of the “Gold Flake” trademark since 1942 and a leading global tobacco manufacturer, filed the suit for trademark infringement, copyright infringement, and passing off. ITC sought temporary and permanent relief restraining the defendants from dealing in counterfeit Gold Flake-branded cigarettes. The suit also invoked sections under the Trademark Act and related provisions concerning copyright and passing off.
The suit arose following a police raid on 24 October 2024, on an illegal manufacturing unit producing counterfeit Gold Flake cigarettes, resulting in seizure of goods and machinery worth Rs. 4.94 crores. An FIR was registered on 25 October 2024, and a charge sheet was filed on 2 May 2025, identifying key conspirators among the defendants.
The Bench comprising Justice Sharmila U. Deshmukh emphasized the prima facie case established by police evidence, including seizure and charge sheet filings. The court underscored the strong reputation and goodwill attached to the Gold Flake mark, and agreed that allowing counterfeit products in the market would seriously damage consumer trust as well as public health.
The court granted injunction restraining the defendants, their associates, partners, and others in active concert from manufacturing, selling, advertising, or dealing in counterfeit Gold Flake cigarettes or deceptively similar tobacco products. The defendants were also ordered to disclose all involved persons, dealers, stockists, and inventory locations connected to the counterfeit operations to facilitate further investigation and relief.
The matter is scheduled for next hearing on 10 December 2025.
Appearances:
For the Applicant/Plaintiff: Mr. Ravi Kadam, Senior Advocate a/w. Mr. Rohan Kadam, Mr. Nimish Kothare, Mr. Nikhil Mutha, Ms. Ashwini Sonawane i/by M/s. Nanu Hormasjee & Co.