Moondust Paper Pvt Ltd. Vs Vinay Shaw and Others : 8th August 2025: IP-COM/44/2024: High Court at Calcutta:Hon'ble Justice Ravi Krishan Kapur
Facts: The petitioner, Moondust Paper Pvt Ltd., is a company engaged in manufacturing, trading, importing, and exporting smoker's articles like cigarette paper booklets, matchboxes, and flavored rolling papers under the trademarks "CAPTAIN GOGO" and "GOGO" since 2015. The petitioner owns trademark and copyright registrations for these marks and claims substantial advertisement expenditure and impressive sales figures. Respondents are accused of selling deceptively similar products under marks like "GOGO" and "GOGA", infringing the petitioner's intellectual property.
Procedural Background: The petitioner filed a rolled-up action for infringement of trademark, copyright, and passing off, with IA No. GA-COM/1/2024 heard on 8th August 2025. Despite service, none of the respondents appeared, even on the second call, leading to the court proceeding ex parte.
Core Dispute: The dispute involves the respondents' alleged infringement of the petitioner's "CAPTAIN GOGO" and "GOGO" trademarks and copyright through the use of deceptively similar marks and passing off their products as the petitioner's, causing potential confusion among consumers.
Decision: The court found a strong case for trademark and copyright infringement and passing off, granting protective reliefs as prayed in prayers (a), (b), and (c) of the Notice of Motion. IA No. GA-COM/1/2024 was disposed of accordingly.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
