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Showing contexts for: version changed in G.T.C. Industries Ltd., Bombay vs I.T.C. Limited, Madras on 5 February, 1991Matching Fragments
6. It is not in dispute that the defendant introduced Gold Flake Filter cigarettes with a design copying some of the features of the plaintiffs trade mark originally in the year 1979; the rounded and intersecting rectangle were copied, but the colour scheme was not copied then. There was white back ground in the said defendant's mark. The stars and the border rectnagular strips were also not featured. According to the plaintiff, there was objection by it and so, the defendant withdrew the said offending mark, but introduced another mark. That mark had some changes in design in the lower half of the rounded and that was replaced by four leaves and some other modifications wete made. Inasmuch as that changed version was an infringement of the plaintiff's trade mark, according to the plaintiff, the suit C. S. No. 988 of 1979 was filed by the plaintiff against the defendant in the High Court of Calcutta, seeking perpetual injunction, restraining the defendant from using the said infringing mark relating to filter cigarettes. The defendant, on the other hand, filed Suit No. 979 of 1979 in the same High Court against the plaintiff to restrain it from using the words "Every genuine Gold Flake cigarette bears the name I. D. & H. O. Wills", and an ex parte injunction was obtained. But, later, on the appearance of the plaintiff and filing an application, the injunction was vacated within four days. Both the suits are pending in the Calcutta High Court. According to the plaintiff, from about, 1980, the defendant discontinued the use of the offending trade mark involved in the plaintiffs suit No. 988 of 1979 in the Calcutta High Court and afterwards, in the month of June, 1990, as stated above, the defendant began to sell regular size filter cigarettes in packets bearing a trade mark, which is colourable imitation and deceptively similar to and an infringement of the plaintiff's registered Gold Flake trade mark and amounting to passing off of the defendant's regular size filter cigarettes for and as the plaintiffs regular size filter size cigarettes.