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Calcutta High Court Restrains Sale of Deceptively Similar Smoking Products in Trademark Infringement Case

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Calcutta High Court Restrains Sale of Deceptively Similar Smoking Products in Trademark Infringement Case

The Calcutta High Court, Intellectual Property Rights Division, has restrained the sale of deceptively similar smoking products in a case filed by Moondust Paper Pvt Ltd against several respondents. The matter was heard by Justice Ravi Krishan Kapur on August 8, 2025, in IA No. GA-COM/1/2024 in IP-COM/44/2024.

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The petitioner, Moondust Paper Pvt Ltd, is engaged in manufacturing and trading smoker’s articles such as cigarette paper booklets, matchboxes, rolling papers, pre-rolled cones, and filter tips under the registered trademark CAPTAIN GOGO and GOGO. The company claimed that these marks, used since 2015, have become synonymous with its products and enjoy both trademark and copyright protection.

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According to the petition, several respondents were manufacturing and selling identical goods using deceptively similar names such as “GOGO,” “GOGA,” “GO N GO,” “GO THREE,” and “CAPTAIN COCO.” The Court noted that a large number of infringing products had already been seized, including hundreds of boxes of rolling papers and pre-rolled cones bearing these marks.

Justice Kapur observed that the respondents were acting in a fraudulent and dishonest manner and that their actions were likely to cause confusion among the public since the rival marks were both visually and phonetically similar.

“Honesty and fair play are, and ought to be, the basic policies in the world of business. A competitor adopting a name belonging to someone else results in confusion and diverts customers unfairly.”

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The Court held that Moondust Paper Pvt Ltd had established a strong prima facie case of infringement, passing off, and copyright violation. Considering the balance of convenience and irreparable injury, the Court granted an injunction in terms of prayers (a), (b), and (c) of the notice of motion, thereby restraining the respondents from continuing such activities.

Case Title: Moondust Paper Pvt Ltd vs. Vinay Shaw and Others

Case Number: IA No. GA-COM/1/2024 in IP-COM/44/2024

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