By an interim order Justice Shameet Mukherjee restrained four companies Ashok Khanna & Sons, Shan Electronics, SM Trading Co and Bhagwati Traders from importing, selling and distributing cigarette lighters being sold under the trade marks, Baide and Toyo, which are allegedly similar in design to Flamagas Clipper.
Senior counsel Rajiv Nayar and Counsel Man Mohan Singh appearing for Flamagas submitted that the sale of the lookalikes, Baide and Toyo lighters, by the Delhi-based companies have caused and continues to cause loss of sales and loss of business reputation and goodwill to the company.
The counsels have alleged that these companies are using the three-dimensional drawing which is a distinctive feature of Clipper lighters. This drawing is registered in several countries and is enjoying goodwill and reputation internationally. The design of the lighter along with its 3-dimensional drawing has come to be associated with the Flamagas, said the counsels.
As such, adoption of the identical shape, configuration, size and dimension of the Clipper lighter by the Delhi-based companies in making the Baide and Toyo lighters is an infringement of Flamagas design, said Mr Nayar and Mr Singh. It also amounts to passing off the Baide and Toyo lighters as belonging to Flamagas, said the counsels.
Justice Mukherjee appointed local commissioners to visit the premises of these companies and seize the infringing goods.