Godfrey files appeal against HC order on Sunflake Gold

MUMBAI: Godfrey Phillips has filed an appeal before a division bench of the Bombay High Court challenging an order that temporarily restrained it from marketing its newly-launched Sunflake Gold cigarettes. Justice RY Ganoo had passed an order on March 19, saying, prima facie, Godfrey violated copyright of ITC. The court asked Godfrey not to sell Sunflake Gold cigarettes until it concludes the initial hearing of the case.

After the launch of Sunflake Gold this year, ITC had filed a petition against Godfrey in February alleging the packaging, price & size of Sunflake Gold cigarettes were similar to its product — Wills Flake Excel. ITC launched Wills Flake Excel in April 2009.

“Godfrey Phillips’ product was launched in a fashion so that it could pass off for ITC’s product and confuse the consumer,“ ITC counsel Virendra Tulzapurkar had contended during his course of arguments.

Godfrey counsels Aspi Chinoy and Venkatesh Dhond said colour, size and dimension of the cigarette packs were common in the industry, and hence, Godfrey had not violated ITC’s copyrights.