Delhi High Court Grants Interim Injunction to Protect ‘Gold Flake’ Trademark Against Lookalike Cigarettes

The Delhi High Court granted an interim injunction restraining the sale, manufacture, and promotion of cigarettes marked as “Gold Flame” and “Gold Fighter”, holding them deceptively similar to ITC Limited’s “Gold Flake” mark.

The Court observed close similarities in names and packaging and recorded a prima facie case of infringement under Section 29 of the Trade Marks Act, 1999, noting triple identity in the mark, goods, and consumer base.

It emphasized that even transient initial interest confusion suffices for infringement.

The defendants have been temporarily restrained while the suit proceeds.

[ITC Limited v. Pelican Tobacco Co Ltd & Ors.]