#expartedecree

[seemabhatnagar]

"Philip Morris Secures Permanent Injunction Against Counterfeit MARLBORO Products"

The *Case I am sharing concerns the infringement of the trademark 'MARLBORO' and their 'Rooftop' device by a Pan Shop.

➡️Philip Morris Brands SARL, a subsidiary of Philip Morris International Inc., markets its products in India through IPM India Wholesale Trading Pvt. Ltd. The company has registered trademarks ‘MARLBORO’ since 1924 and the ‘ROOFTOP’ device since 1954 and also claims copyright over its distinctive packaging designs.

➡️In March 2023, during an investigation, Plaintiff-Philip Morris Brands SARL discovered counterfeit cigarettes being sold by Defendant-M/s Rahul Pan Shop and associated individuals. These fake products, bearing the company's trademarks, all had a common, incorrect code, which exposed their spurious nature.

➡️In response, Philip Morris Brands SARL took legal action against the defendants, by filing a Civil Suit before the Delhi High Court seeking a permanent injunction for trademark and copyright infringement, passing off, and other related reliefs.

➡️The primary legal issue, in this case, is whether the defendants' sale of counterfeit products infringes the plaintiff’s registered trademarks and copyrights, thereby warranting a permanent injunction.

➡️Plaintiff asserted that they own valid and subsisting registrations for the ‘MARLBORO’ trademarks and associated labels.

→They presented evidence of counterfeit products identical in design and packaging to its products, violating its intellectual property rights.

→The Plaintiff asserted that the defendants’ actions deceived consumers and tarnished the reputation of the plaintiff’s brand.

➡️Defendant Pan Shop despite being duly served with a summons didn't turn up before the court to contest the allegations.

➡️The Court observed

→ The defendants did not file written statements or affidavits contesting the plaintiff’s claims, leading the court to treat the averments in the plaint as admitted.

→ Evidence submitted by the plaintiff clearly established the defendants’ infringement of the trademarks and copyrights.

→ The defendants replicated the plaintiff’s packaging, including trademarks and labels, without justification, amounting to unfair trade practices and consumer deception.

➡️The Delhi High Court granted a permanent injunction in favor of the plaintiff-Philip Morris Brands SARL against defendants-M/s Rahul Pan Shop, restraining them from using the plaintiff’s trademarks, packaging, and labels.

*Case Philip Morris Brands SARL v. M/s Rahul Pan Shop & Others

Civil Suit(Comm.) 462/2023 

Before the Delhi High Court

Heard by Hon'ble Mr. Justice Amit Bansal J