ITC Limited vs Philip Morris Products SA and Ors.
2010 SCC OnLine Del 27 : (2010) 42 PTC 572: (2010) 166 DLT 177
Coram: Justice S. Ravindra Bhat
Forum: The High Court of Delhi
Case No.: IA Nos.12940/09, 12941/09 & 12942/2009 in CS (OS) 1894/2009
Date of Decision: January 07, 2010

Facts:

  • ITC Limited (Plaintiff), an Indian conglomerate with a diverse business portfolio, including the "WELCOMGROUP" logo since 1975, held extensive national and international trademark registrations.
  • The Philip Morris (Defendant), was associated with the "Marlboro" brand, adopted a new "flaming logo" packaging, leading to the controversy.
  • ITC filed a suit against Philip Morris before the High Court of Delhi for trademark infringement, claiming that the "flaming logo" closely resembled its "WELCOMGROUP" mark.

Main Issue:

  1. Whether Defendant infringed on Plaintiff’s logo through dilution?
  2. Whether the Plaintiff, assuming similarity, had demonstrated the distinctiveness and reputation of the mark and associated services?