When knowledge can not imputed to a company in respect of infringement of trade mark?

This material discloses only two possibilities: either NTC’s so-called use of “NATIONAL GOLD FLAKE” was insufficient or even non-existent, or, alternatively, it was kept clandestine to fly below ITC’s radar. There can be no third possibility, and the essential requirement of an open and notorious user is not established. ITC cannot possibly be deemed to have known of NTC’s so-called use. There are nearly 20 cigarette manufacturers in the country, and between them, they host a large number of brands. It is unreasonable, I think, to expect ITC to keep a track of each one. For this reason too, Mr. Dwarkadas’s submission that ITC must be deemed to have had either notice or knowledge or both, and that its consequent failure to act on that notice constitues acquiescence is not one that commends itself.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 662 OF 2014
IN
SUIT NO. 431 OF 2014
ITC LIMITED,
a company under the Companies Act, 2013

versus
NTC INDUSTRIES LTD.,
a company under the Companies Act, 2013

CORAM : G.S.Patel, J.

JUDGMENT PRONOUNCED ON : 29th September 2015

Citation;AIR 2016(NOC)165BOM
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