ITC directors get relief in ‘Classic’ suit

Mumbai: A copyright violation suit has been filed in the Bombay high court against the use of the ‘Classic’ title by Kolkata-based ITC industries for its well-known cigarette brand. After admitting the suit, the court said that the company is the defendant, but its directors are not required to be part of the suit.

The suit was filed by a manufacturer of ashtrays who claims to hold the copyright on the depiction of the word ‘Classic’, which is written on the packets of the cigarettes. The company had offered to buy the trademark from the manufacturer in 2012 at a cost of Rs 50 crore.

According to the information available with The Asian Age, M/s Jayant Industries, which filed a suit under the Trade and Trade Merchandise Marks Act, was involved in manufacturing ashtrays depicting the word ‘Classic’ on the ashtrays and had got the style copyrighted. Hence, when ITC started using the same style for some of its well-known products it resulted in copyright infringement and passing off. The suit was against Indian Tobacco Company (ITC), Y.C. Deveshwar, chairman, CEO, tobacco division of ITC and directors Pradeep Dhobale and Kurush Grant.

According to the chamber order, ITC had approached Mr Jayant Shah, the owner of M/s Jayant Industries and had offered to buy the ‘Classic’ logo on October 30, 2012. “….Defendant No. 2 has sent their companies Marketing Head F.M.C.G. Mr Atul Joshi to meet to the father of the plaintiff Mr Jayant Shah, on 30th October 2012 the defendant came to the place of the plaintiff’s father Mr Jayant Shah and offer to sale the copyright of the trade mark and logo “Classic” to the defendants and defendants offered to plaintiff to sell their copyright for Rs 50 crore to the defendants, but later on the defendants didn’t came again. There were several email conversation of meetings and offers of purchase of the copyright by the defendants, the said emails were sent to plaintiff’s father Mr Jayant Shah.”

When contacted, the counsel for the plaintiff, advocate Nikhil Mengde, said that his client had restrained him from sharing information and, hence, he could not comment. During the recent chamber hearing, ITC had prayed for exclusion of the names of the chairman and directors from the suit, which was allowed.