Skip to main content

PT Djarum is an Indonesian company, which sells and manufactures kretek cigarettes under the brand . The company had filed a suit seeking permanent injunction against the Defendants who were selling cigarettes in a packaging and under the mark ‘IJM Black Eye’ which was identical to that of the Plaintiff’s.

The matter was at the stage of final arguments and since the main Defendant i.e. IJM Cigarette Company Private Limited, which manufactured the impugned cigarettes had not entered the witness box, the Court summoned and cross-examined the shareholders of the said company in court at the stage of final arguments. Summoning Defendants at the stage of final arguments, is a rarity and only adopted in cases where the court believes that a party has set up a false case.

During cross- examination of the shareholders, various contradictory statements came to light. In the end, the matter was finally settled with the Defendants undertaking to pay Rs. 22 lakhs as settlement amount to the Plaintiff and also agreeing not to infringe the Plaintiff’s copyright and trade mark in any manner in the future.

The Defendants also agreed to withdraw its Trade Mark application for the mark ‘IJM Black Eye’ and other Trade Mark applications with the mark ‘BLACK’ as prefix.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
May 06, 2026

First published by Lexology. Authors: Safir Anand and Rashi Chandhoke In recent years, the intellectual property (IP) ecosystem has undergone a significant

India Waives IP Filing Fees for Sports Sector
News & Updates, Thought Leadership
Apr 30, 2026

‘First published on India Business Law Journal’ By: Pravin Anand and Prachi Agarwal The concept of a family of marks in the context of the Trademark

‘Family of marks’ doctrine in India
News & Updates, Thought Leadership
Mar 18, 2026

First published by Lexology. Authors: Safir Anand and Sehr Anand Intellectual property Design protection Which IP rights are applicable to fashion designs?

Snapshot: intellectual property for fashion goods in India
News & Updates, Thought Leadership
Mar 16, 2026

‘First published on Asia IP’ By: Ritika Ahuja Patents in India are governed by the Patents Act, 1970. A patent is a statutory right granted to the

When does public display become prior art: Anticipation under the Patents Act, 1970