ITC moves HC against Marlboro over trademark row

Diversified conglomerate ITC has moved the Delhi High Court seeking a restraint on global cigarette brand Marlboro's festive pack logo, which the firm alleged, resembles and hence dilutes its WelcomeGroup's 'Namaste' trademark.

ITC counsel Rajiv Nayyar and Pratibha Maninder Singh contended before the court that the new logo of Marlboro, a brand owned by global tobacco major Phillip Morris SA and marketed in India by Godfrey Phillips, closely resembled with the WelcomeGroup's trademark and could mislead customers.

"This mark (WelcomeGroup logo) is very distinctive in nature. It is associated with the group with 30 years. We have a number of copyrights for that," ITC's counsel said adding that the redesigned Marlboro logo was a pure case of dilution of WelcomeGroup's trademark.

 

Senior Advocate C A Sundaram, appearing for the Phillip Morris SA, refuted the allegations. "We have registered our trademark in 1956, 20 years prior to ITC. It is much bigger brand than ITC. We are among world's top ten brands. How can it be diluted?"

Along with the new logo, the word Marlboro has been clearly written on the pack, he added.

In its petition, ITC also requested the court to pass an order restraining Phillip Morris SA along with its director, chairman and promoters among others from using that festive logo.