Trademark Infringement: Delhi High Court Issues Permanent Injunction Against Counterfeit Marlboro Products
The Delhi High Court has granted a permanent injunction in favor of Philip Morris Brands SARL, an American tobacco company, in a case concerning trademark and copyright violations related to its cigarette packaging.
Philip Morris first registered the 'MARLBORO' trademark for its cigarette packs in 1924 and began marketing its products in India in 2003 through a trading company. Additionally, the company uses other registered marks, such as 'ROOFTOP' and 'SMOOTHFLO', for its cigarette packaging. Philip Morris sought the injunction against two defendants: a shop selling tobacco products and its owner. The company discovered that counterfeit 'MARLBORO ADVANCE COMPACT' cigarette packs were being sold at the shop. Upon investigation, it was found that the shop’s warehouse was supplying these counterfeit products. Philip Morris pointed out that while its genuine products carry a unique code on each pack, the counterfeit cigarettes bore identical codes.
On July 13, 2023, the Court issued an ex parte interim injunction, preventing the defendants from dealing in products bearing Philip Morris’ trademarks. A Local Commissioner was appointed to visit the shop, where they found cigarette packs featuring the 'MARLBORO' trademark.
Justice Amit Bansal proceeded with the case ex parte after the defendants failed to file written statements within the prescribed time. Despite being served notice, the defendants did not appear in court. The Court observed that, as no written statements were filed, the plaintiff's allegations were to be taken as true, and it invoked Order VIII Rule 10 of the Civil Procedure Code (CPC), which allows judgment in favor of the plaintiff when the defendant does not respond.
Upon comparing the genuine and counterfeit products, the Court noted that the cigarette packs were strikingly similar in terms of color, design, and trademark placement. The Court concluded that the defendants had infringed upon the trademarks and copyrights of Philip Morris, taking advantage of the company's reputation and misleading consumers into believing the products were associated with Philip Morris. The Court also found a case of passing off and issued a permanent injunction, barring the defendants from selling products bearing Philip Morris' trademarks, packaging, or artistic works.
Case Title: Philip Morris Brands Sarl vs.M/S Rahul Pan Shop & Ors.
Case No: CS(COMM) 462/2023 & I.A. 12451/2023
Date: November-26-2024
Bench: Justice Amit Bansal
[Read/Download order]
