The Hindu Business Line : Godfrey Phillips can use `Pilot' brand

Mr Justice Patherya of Calcutta High Court vacated the interim order restraining Godfrey Phillips (I) Ltd from using the `Pilot' brand in their cigarette products following a petition filed by ITC Ltd against the company for alleged "infringement and passing" of the trademark `Pilot'. ITC had obtained the interim order in December 2008. While vacating the interim order, the Court held that ITC did not have any exclusive right to use the `Pilot' mark for its cigarette products, as it had already filed a representation to change the label. The word `Pilot', the judge further observed, was not a registered trademark of ITC. Hence, a case of infringement could not be sustained. Further, the Court observed that Godfrey Phillips was making `Pilot' in Uttar Pradesh. As such, Calcutta High Court had no jurisdiction to entertain such a case of "infringement and passing" of the trademark. - Our Legal Correspondent

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