.... the brain is not a vessel to be filled,
It is something to be IGNITED

October 19, 2005
CHANDIGARH

Late night on Oct. 18 we were alerted about the award function by the tobacco company "Godfrey Phillips India Ltd"  which was scheduled to start by 07:00 p.m. on Oct. 19, 2005. We came to know that the Governor Haryana, the CM and the Deputy Chief Minister are going to be the chief guest and guests of honour.

Once again it was a matter where the enforcer of the law were themselves breaching it. We weighed our options and instead of acting at street level we decided to act at a higher level.

Since all the laws are in place and it is only the question of effective and sincere implementation so we thought it more fitting to sensitize  all the concerned officials (at the first stage itself) who were likely to participate.

We approached the governor, the Haryana Chief Minister (CM), Deputy CM, Director of Health, the Administrator of Chandigarh and others much before 2:00 p.m. on 19th Oct. A written communication was sent to everyone. We also lodged a complaint under Section 5/22 of the Cigarette and Other Tobacco Act 2003 with the Chandigarh police.

Despite all this the Governor went ahead and attended the function, the administrator and the director of health failed to act and the police also kept quite. Though the CM and the Deputy CM of Haryana did not attend the function but still because of the Governors presence we felt cheated and disillusioned.

It is worth mentioning here that the Government of Haryana is not following the provisions of FCTC or the Indian legislation on tobacco. Haryana Government has not even notified the Indian legislation and since last many years a lot of Haryana bureaucrats and politicians are enjoying the hospitality of the tobacco industry. The present Governor is the latest in the series. The Governor of Punjab, Himachal Pradesh, Uttar Pradesh and the Vice President of India are the other constitutional heads who have participated in such a function earlier this year.

Follow the index to see the communication sent to various agencies and people.

INDEX

It remains surrogate

As you are aware that because of the efforts of BBS, Godfrey Phillips recently renamed its "Red & White Bravery Awards" to "Godfrey Phillips Bravery Award." We don't feel that this is enough. We would like to share the reasons why we think so;

Just by dropping the words “Red & White” and using only the words “Godfrey Phillips” the core issue still remains and it would still constitute an offence. The word “brand” as described by the Oxford Dictionary is “an indelible mark or a mark which impress indelibly on the memory etc.” and the combination of words “brand-name” as described by oxford dictionary is “brand-name a trade or proprietary name.” By no stretch of imagination the words “Godfrey Phillips” can be exempt from this definition. Further points worth considering are;

i. the use of a name or brand of tobacco products for marketing, promotion or advertising other goods, services and events;

ii. the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service;

iii. the use of particular colours and layout and/or presentation those are associated with particular tobacco products; and

iv. the use of tobacco products and smoking situations when advertising other goods and services.”

This further establishes that the use of the word “Red & White” is an indirect form of advertisement. The presentation of the award/prizes/sponsored activity under the use of the words Godfrey Phillips which are used for presenting tobacco products would remain an indirect form of advertisement.
 

Hemant Goswami

TOP

MOST URGENT

BBS/GoH/1005/001

October 18, 2005

Sh. A.R. Kidwai,

Governor of Haryana,

Haryana Raj Bhawan,

Chandigarh 160 003

REQUEST TO PREVENT PARTICIPATION OF GOVERNMENT OFFICIALS in tobacco company brand promotion activity – which is against the national policy and against the law  

Sir,

 I Hemant Goswami on behalf of Burning Brain Society, a civil society organization registered under “Societies Registration Act 1860” and having office at #3, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017 hereby requests you as follow;

1. That we have come to know that on October 19, 2005, “Godfrey Phillips India Ltd.” a tobacco company registered under the Companies Act is conducting a prize/gift sponsorship show to promote the trade name “Godfrey Phillips” through and by way of sponsoring and giving prizes/gifts under the name of “Godfrey Phillips Bravery Awards” at Taj Hotel, Sector 17, Chandigarh.
2. That it is being rumored that the Governor of Haryana is going to be the Chief Guest of the said tobacco company’s function on Oct. 19, 2005 at Taj Chandigarh.
3. That the Governor is a constitutional position wherein it is envisioned that the Governor is also the head of the state who represents the state policies and the spirit of the constitution and the law of the land.
4. That preventing the spread and glamorization of tobacco is a national policy, with regard to which the parliament had enacted anti-tobacco legislation and also ratified an international treaty Framework Convention on Tobacco Control. FCTC has been signed by 187 countries and ratified by 87 countries and calls for ending all sponsorship activities by tobacco companies.
5. That the objective of all these anti-tobacco efforts is to prevent the death of over one million people in India and around 5 million world wide. The objective is also to stop the glamorization and the promotion of tobacco which influences a sizeable number of youngsters to smoke.
6. That “Godfrey Phillips” is a trade mark and a brand name used in relation to tobacco products like “Red & White,” “Four Square,” “Jaiselmare,” etc.
7. That any indirect or direct  promotion of any tobacco product(s) or any trade mark or brand name associated with any tobacco product in exchange of any sponsorship, gift or prize is a punishable offence under Section 5 of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.

8.      That Section 22 of the Act reads that;

Whoever contravenes the provision of section 5 shall, on conviction, be punishable— (a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and (b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

9.      That a civil writ petition 3131 of 2005 is also pending before the Haryana and Punjab High Court on the issue and involvement of government officials and officials holding constitutional posts in such tobacco company activities.

10.  That Godfrey Phillips is used exclusively as a registered name of the respondent company which is manufacturing only tobacco and tobacco being its major source of revenue. Under such a situation the words Godfrey Phillips, which are exclusively used by the respondents company in relation to its tobacco products will clearly relates to its complete range of tobacco products.

11.  That the name Godfrey Phillips comes within the definition of a “Trade Mark” too under the Trade Marks Act.

12.  That the intention of the legislation “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” is to ban all sponsorships and promotions of and by tobacco companies and products.

13.  That Godfrey Philips India Limited is a commercial organization which works for profits. The activity of giving bravery awards in the name of its trade name/brand is a commercial activity aimed to promote its trade name and the umbrella brand of its tobacco products; marketed under the brand and trade name “Godfrey Phillips”. Since all commercial activities calculate the return of every penny spent in terms of increased sale of their product, Godfrey Phillips being a commercial organization is no different and more so the tobacco company does not have any philanthropic objectives listed in its memorandum.

14.  Each pack of the cigarette manufactured by the company carries the name “Godfrey Phillips” in a particular manner highlighting it akin a brand name. All the new promotion and cigarette display cases of the company too carry the name and trade mark “Godfrey Phillips.”

15.  The provision of the law and FCTC, which the Indian government had ratified in 2004, clearly calls for putting an end to all “Direct and indirect advertisement” and for prohibiting all kind of sponsorships of and by the tobacco companies. Under such a circumstance allowing any prize/activity/sponsorship, etc. in the name of “Godfrey Phillips” would be detrimental.

16.  On May 31, 2005, vide G.S.R. 345(E) the Government of India further clarified the meaning of the word “indirect advertisement,” defining indirect advertisement as: 

i. the use of a name or brand of tobacco products for marketing, promotion or advertising other goods, services and events;

ii. the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service;

iii. the use of particular colours and layout and/or presentation those are associated with particular tobacco products; and

iv. the use of tobacco products and smoking situations when advertising other goods and services.”

17.   It is in public interest and a lawful duty that the tobacco company be restrained from promoting the trade mark/brand “Godfrey Phillips” by way of giving gifts/prizes or by sponsoring the activity.

18.  That the spirit of the anti-tobacco legislation and Framework Convention of Tobacco Control calls for ending such like promotion and activities by tobacco companies.

19.  That some government officials are also engaged in assisting the said tobacco company and propose to participate in the nefarious activity of the tobacco company. This is against the national policy, the spirit of the constitution, the directive principles and the anti-tobacco legislation.

It is therefore requested to deny the rumors of your participation and to restrain all the government officials who propose to participate in the said activity and also to instruct the law enforcement officials to restrain the tobacco company from giving “Godfrey Phillips bravery awards” and to take lawful action against all the people engaged in promotion of the tobacco brand name(s)/trade mark(s) and involved in sponsorship, providing gifts or prizes in the name of the tobacco trade name “Godfrey Phillips” and/or any other such activity against the spirit of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” and the rules made there under.

Yours cordially

Hemant Goswami
Chairperson; Burning Brain Society

TOP

MOST URGENT

BBS/PoI/1005/001

October 18, 2005

His Excellency APJ Abdul Kalam,

President of India

NEW DELHI

PREVENTING THE GOVERNOR OF HARYANA FROM PARTICIPATING IN TOBACCO COMPANY’S BRAND PROMOTION EXERCISE

Sir,

I Hemant Goswami on behalf of Burning Brain Society, a civil society organization registered under “Societies Registration Act 1860” and having office at #3, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017 hereby requests you as follow;

1. That we have come to know that on October 19, 2005, “Godfrey Phillips India Ltd.” a tobacco company registered under the Companies Act is conducting a prize/gift sponsorship show to promote the trade name “Godfrey Phillips” through and by way of sponsoring and giving prizes/gifts under the name of “Godfrey Phillips Bravery Awards” at Taj Hotel, Sector 17, Chandigarh.

2. That the Governor of Haryana is to be the Chief Guest of the said tobacco company’s function on Oct. 19, 2005 (6:00 p.m.) at Taj Chandigarh.

3. That the Governor is a constitutional position, the head of the state who represents the state policies and the spirit of the constitution and the law of the land.

4. That preventing the spread and glamorization of tobacco is a national policy, with regard to which the parliament had enacted anti-tobacco legislation and also ratified an international treaty Framework Convention on Tobacco Control. FCTC has been signed by 187 countries and ratified by 87 countries and calls for ending all sponsorship activities by tobacco companies.

5. That the objective of all these anti-tobacco efforts is to prevent the death of over one million people in India and around 5 million world wide. The objective is also to stop the glamorization and the promotion of tobacco which influences a sizeable number of youngsters to smoke.

6. That “Godfrey Phillips” is a trade mark and a brand name used in relation to tobacco products like “Red & White,” “Four Square,” “Jaiselmare,” etc.

7. That any indirect or direct  promotion of any tobacco product(s) or any trade mark or brand name associated with any tobacco product in exchange of any sponsorship, gift or prize is a punishable offence under Section 5 of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.

8.      That Section 22 of the Act reads that;

Whoever contravenes the provision of section 5 shall, on conviction, be punishable— (a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and (b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

9.      That a civil writ petition 3131 of 2005 is also pending before the Haryana and Punjab High Court on the issue and involvement of government officials and officials holding constitutional posts in such tobacco company activities.

10.  That Godfrey Phillips is used exclusively as a registered name of the respondent company which is manufacturing only tobacco and tobacco being its major source of revenue. Under such a situation the words Godfrey Phillips, which are exclusively used by the respondents company in relation to its tobacco products will clearly relates to its complete range of tobacco products.

11.  That the name Godfrey Phillips comes within the definition of a “Trade Mark” too under the Trade Marks Act.

12.  That the intention of the legislation “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” is to ban all sponsorships and promotions of and by tobacco companies and products.

13.  That Godfrey Philips India Limited is a commercial organization which works for profits. The activity of giving bravery awards in the name of its trade name/brand is a commercial activity aimed to promote its trade name and the umbrella brand of its tobacco products; marketed under the brand and trade name “Godfrey Phillips”. Since all commercial activities calculate the return of every penny spent in terms of increased sale of their product, Godfrey Phillips being a commercial organization is no different and more so the tobacco company does not have any philanthropic objectives listed in its memorandum.

14.  Each pack of the cigarette manufactured by the company carries the name “Godfrey Phillips” in a particular manner highlighting it akin a brand name. All the new promotion and cigarette display cases of the company too carry the name and trade mark “Godfrey Phillips.”

15.  The provision of the law and FCTC, which the Indian government had ratified in 2004, clearly calls for putting an end to all “Direct and indirect advertisement” and for prohibiting all kind of sponsorships of and by the tobacco companies. Under such a circumstance allowing any prize/activity/sponsorship, etc. in the name of “Godfrey Phillips” would be detrimental.

16.  On May 31, 2005, vide G.S.R. 345(E) the Government of India further clarified the meaning of the word “indirect advertisement,” defining indirect advertisement as: 

i. the use of a name or brand of tobacco products for marketing, promotion or advertising other goods, services and events;

ii. the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service;

iii. the use of particular colours and layout and/or presentation those are associated with particular tobacco products; and

iv. the use of tobacco products and smoking situations when advertising other goods and services.”

17.   It is in public interest and a lawful duty that the tobacco company be restrained from promoting the trade mark/brand “Godfrey Phillips” by way of giving gifts/prizes or by sponsoring the activity.

18.  That the spirit of the anti-tobacco legislation and Framework Convention of Tobacco Control calls for ending such like promotion and activities by tobacco companies.

19.  That some other government officials are also engaged in assisting the said tobacco company and propose to participate in the nefarious activity of the tobacco company. This is against the national policy, the spirit of the constitution, the directive principles and the anti-tobacco legislation.

It is therefore requested to ask the honorable Governor to resist the temptation of being the chief guest in today’s activity in the larger public interest and to maintain the dignity of the office of the Governor..

Yours cordially

Hemant Goswami
Chairperson; Burning Brain Society

TOP

BBS/CP/1005/001

October 18, 2005

Inspector General of Police,

Chandigarh Police,

Police Headquarters, Sector 9,

Chandigarh 160 009

INTIMATION OF OFFENCE UNDER SECTION 5 AND 22 OF
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

Sir,

I Hemant Goswami on behalf of Burning Brain Society, a civil society organization registered under “Societies Registration Act 1860” and having office at #3, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017 hereby inform you as follow;

1. That we have come to know that on October 19, 2005, “Godfrey Phillips India Ltd.” a tobacco company registered under the Companies Act is conducting a prize/gift sponsorship show to promote the trade name “Godfrey Phillips” through and by way of sponsoring and giving prizes/gifts under the name of “Godfrey Phillips Bravery Awards” at Taj Hotel, Sector 17, Chandigarh.

2. That “Godfrey Phillips” is a trade mark and a brand name used in relation to tobacco products like “Red & White,” “Four Square,” “Jaiselmare,” etc.

3. That any indirect or direct  promotion of any tobacco product(s) or any trade mark or brand name associated with any tobacco product in exchange of any sponsorship, gift or prize is a punishable offence under Section 5 of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.

4.      That Section 22 of the Act reads that;

Whoever contravenes the provision of section 5 shall, on conviction, be punishable— (a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and (b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

5.      That Godfrey Phillips is used exclusively as a registered name of the respondent company which is manufacturing only tobacco and tobacco being its major source of revenue. Under such a situation the words Godfrey Phillips, which are exclusively used by the respondents company in relation to its tobacco products will clearly relates to its complete range of tobacco products.

6.      That Godfrey Phillips comes within the definition of a “Trade Mark” too under the Trade Marks Act.

7.      That the intention of the legislation “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” is to ban all sponsorships and promotions of and by tobacco companies and products.

8.      That Godfrey Philips India Limited is a commercial organization which works for profits. The activity of giving bravery awards in the name of its trade name/brand is a commercial activity aimed to promote its trade name and the umbrella brand of its tobacco products; marketed under the brand and trade name “Godfrey Phillips”. Since all commercial activities calculate the return of every penny spent in terms of increased sale of their product, Godfrey Phillips being a commercial organization is no different and more so the tobacco company does not have any philanthropic objectives listed in its memorandum.

9.      Each pack of the cigarette manufactured by the company carries the name “Godfrey Phillips” in a particular manner highlighting it akin a brand name. All the new promotion and cigarette display cases of the company too carry the name and trade mark “Godfrey Phillips.”

10.  The provision of the law and FCTC, which the Indian government had ratified in 2004, clearly calls for putting an end to all “Direct and indirect advertisement” and for prohibiting all kind of sponsorships of and by the tobacco companies. Under such a circumstance allowing any prize/activity/sponsorship, etc. in the name of “Godfrey Phillips” would be detrimental.

11.  On May 31, 2005, vide G.S.R. 345(E) the Government of India further clarified the meaning of the word “indirect advertisement,” defining indirect advertisement as: 

i. the use of a name or brand of tobacco products for marketing, promotion or advertising other goods, services and events;

ii. the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service;

iii. the use of particular colours and layout and/or presentation those are associated with particular tobacco products; and

iv. the use of tobacco products and smoking situations when advertising other goods and services.”

12.   It is in public interest and a lawful duty that the tobacco company be restrained from promoting the trade mark/brand “Godfrey Phillips” by way of giving gifts/prizes or by sponsoring the activity.

It is therefore requested to restrain the tobacco company from giving “Godfrey Phillips bravery awards” and to take lawful action against all the people engaged in promotion of the tobacco brand name(s)/trade mark(s) and involved in sponsorship, providing gifts or prizes in the name of the tobacco trade name “Godfrey Phillips” and/or any other such activity against the spirit of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” and the rules made there under.

Yours cordially

Hemant Goswami
Chairperson; Burning Brain Society

TOP

MOST URGENT

BBS/DCMoH/1005/001

October 18, 2005

Shri Chander Mohan,

Deputy Chief Minister of Haryana,

Haryana Secrettariate,

Chandigarh 160 003

REQUEST TO PREVENT PARTICIPATION OF GOVERNMENT OFFICIALS in tobacco company brand promotion activity – which is against the national policy and against the law

Sir,

I Hemant Goswami on behalf of Burning Brain Society, a civil society organization registered under “Societies Registration Act 1860” and having office at #3, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017 hereby requests you as follow;

1. That we have come to know that on October 19, 2005, “Godfrey Phillips India Ltd.” a tobacco company registered under the Companies Act is conducting a prize/gift sponsorship show to promote the trade name “Godfrey Phillips” through and by way of sponsoring and giving prizes/gifts under the name of “Godfrey Phillips Bravery Awards” at Taj Hotel, Sector 17, Chandigarh.

2. That it is being rumored that the Deputy Chief Minister of Haryana is going to be the Guest of Honour of the said tobacco company’s function on Oct. 19, 2005 at Taj Chandigarh. It is also rumored that the the officials who is coming as chief guest gets lifetime free supply of cigarettes from the tobacco company Godfrey Phillips India Limited.

3. That the Deputy Chief Minister is a position of responsibilities and resents the state policies and the spirit of the constitution and the law of the land. The welfare of the public and the furtherance of the state policies in liaison with the national policies are his responsibilities too.

4. That preventing the spread and glamorization of tobacco is a national policy, with regard to which the parliament had enacted anti-tobacco legislation and also ratified an international treaty Framework Convention on Tobacco Control. FCTC has been signed by 187 countries and ratified by 87 countries and calls for ending all sponsorship activities by tobacco companies.

5. That the objective of all these anti-tobacco efforts is to prevent the death of over one million people in India and around 5 million world wide. The objective is also to stop the glamorization and the promotion of tobacco which influences a sizeable number of youngsters to smoke.

6. That “Godfrey Phillips” is a trade mark and a brand name used in relation to tobacco products like “Red & White,” “Four Square,” “Jaiselmare,” etc.

7. That any indirect or direct  promotion of any tobacco product(s) or any trade mark or brand name associated with any tobacco product in exchange of any sponsorship, gift or prize is a punishable offence under Section 5 of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.

8.      That Section 22 of the Act reads that;

Whoever contravenes the provision of section 5 shall, on conviction, be punishable— (a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and (b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

9.      That a civil writ petition 3131 of 2005 is also pending before the Haryana and Punjab High Court on the issue and involvement of government officials and officials holding constitutional posts in such tobacco company activities. The Haryana government in its reply in the high court stated that no government official was allowed to participate in any tobacco company’s activity and that the Haryana government is doing everything to prevent the tobacco companies from spreading the menace of tobacco.

10.  That Godfrey Phillips is used exclusively as a registered name of the respondent company which is manufacturing only tobacco and tobacco being its major source of revenue. Under such a situation the words Godfrey Phillips, which are exclusively used by the respondents company in relation to its tobacco products will clearly relates to its complete range of tobacco products.

11.  That the name Godfrey Phillips comes within the definition of a “Trade Mark” too under the Trade Marks Act.

12.  That the intention of the legislation “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” is to ban all sponsorships and promotions of and by tobacco companies and products.

13.  That Godfrey Philips India Limited is a commercial organization which works for profits. The activity of giving bravery awards in the name of its trade name/brand is a commercial activity aimed to promote its trade name and the umbrella brand of its tobacco products; marketed under the brand and trade name “Godfrey Phillips”. Since all commercial activities calculate the return of every penny spent in terms of increased sale of their product, Godfrey Phillips being a commercial organization is no different and more so the tobacco company does not have any philanthropic objectives listed in its memorandum.

14.  Each pack of the cigarette manufactured by the company carries the name “Godfrey Phillips” in a particular manner highlighting it akin a brand name. All the new promotion and cigarette display cases of the company too carry the name and trade mark “Godfrey Phillips.”

15.  The provision of the law and FCTC, which the Indian government had ratified in 2004, clearly calls for putting an end to all “Direct and indirect advertisement” and for prohibiting all kind of sponsorships of and by the tobacco companies. Under such a circumstance allowing any prize/activity/sponsorship, etc. in the name of “Godfrey Phillips” would be detrimental.

16.  On May 31, 2005, vide G.S.R. 345(E) the Government of India further clarified the meaning of the word “indirect advertisement,” defining indirect advertisement as: 

i. the use of a name or brand of tobacco products for marketing, promotion or advertising other goods, services and events;

ii. the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service;

iii. the use of particular colours and layout and/or presentation those are associated with particular tobacco products; and

iv. the use of tobacco products and smoking situations when advertising other goods and services.”

17.   It is in public interest and a lawful duty that the tobacco company be restrained from promoting the trade mark/brand “Godfrey Phillips” by way of giving gifts/prizes or by sponsoring the activity.

18.  That the spirit of the anti-tobacco legislation and Framework Convention of Tobacco Control calls for ending such like promotion and activities by tobacco companies.

19.  That some government officials are also engaged in assisting the said tobacco company and propose to participate in the nefarious activity of the tobacco company. This is against the national policy, the spirit of the constitution, the directive principles and the anti-tobacco legislation.

It is therefore requested to deny the rumors of your participation and to restrain all the government officials who propose to participate in the said activity and also to instruct the law enforcement officials to restrain the tobacco company from giving “Godfrey Phillips bravery awards” and to take lawful action against all the people engaged in promotion of the tobacco brand name(s)/trade mark(s) and involved in sponsorship, providing gifts or prizes in the name of the tobacco trade name “Godfrey Phillips” and/or any other such activity against the spirit of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” and the rules made there under.

Yours cordially

Hemant Goswami
Chairperson; Burning Brain Society

TOP

BBS/Taj/1005/001

October 18, 2005

The Managing Director,

Taj Hotels Resorts and Palaces

through

General Manager

Taj Chandigarh

Block No. 9, Sector 17-A,

Chandigarh 160 017

NOTICE

Sir,

I Hemant Goswami on behalf of Burning Brain Society, a civil society organization registered under “Societies Registration Act 1860” and having office at #3, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017 hereby address you as follow;

1. We have come to know that on October 19, 2005, Taj Chandigarh, a hotel under your control, has aligned with a tobacco company, “Godfrey Phillips India Ltd.” to promote the trade name “Godfrey Phillips” through and by way of allowing, providing infrastructure, space and by supporting the said tobacco company to sponsor prizes under the name of “Godfrey Phillips.”

2. That “Godfrey Phillips” is a trade mark and a brand name used in relation to tobacco products like “Red & White,” “Four Square,” “Jaiselmare,” etc.

3. That any indirect or direct  promotion of any tobacco product(s) or any trade mark or brand name associated with any tobacco product in exchange of any sponsorship, gift or prize is a punishable offence under Section 5 of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.

4.      That Section 22 of the Act reads that

Whoever contravenes the provision of section 5 shall, on conviction, be punishable— (a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and (b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

5.      That a civil writ petition no. 3131 of 2005 on the issue is also pending before the Punjab and Haryana High court.

6.      That if you and your organisation aligns or aids by providing infrastructure or space or any other support to the said or any other tobacco company, its agents or distributors for the promotion of the brand name or trade mark of any tobacco product or products, you shall make yourself liable for appropriate legal action at your risk, cost and consequences.

7.      That in the event you decide to support/aid the tobacco company for the promotion of its trade  mark/brand name through direct or indirect means, Burning Brain Society shall press and pursue the matter further before the appropriate legal authorities, agencies, courts and other forums at your risk, costs and consequences; which please note.

Yours cordially

Hemant Goswami
Chairperson; Burning Brain Society

TOP

MOST URGENT

BBS/CMoH/1005/001

October 18, 2005

Shri Bhupinder Singh Hooda,

Chief Minister of Haryana,

Haryana Secrettariate,

Chandigarh 160 003

REQUEST TO PREVENT PARTICIPATION OF GOVERNMENT OFFICIALS in tobacco company brand promotion activity – which is against the national policy and against the law

Sir,

I Hemant Goswami on behalf of Burning Brain Society, a civil society organization registered under “Societies Registration Act 1860” and having office at #3, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017 hereby requests you as follow;

1. That we have come to know that on October 19, 2005, “Godfrey Phillips India Ltd.” a tobacco company registered under the Companies Act is conducting a prize/gift sponsorship show to promote the trade name “Godfrey Phillips” through and by way of sponsoring and giving prizes/gifts under the name of “Godfrey Phillips Bravery Awards” at Taj Hotel, Sector 17, Chandigarh.

2. That it is being rumored that the Chief Minister of Haryana is going to be the Chief Guest/Guest of Honour of the said tobacco company’s function on Oct. 19, 2005 at Taj Chandigarh. It is also rumored that the CM Haryana is enjoying lifetime free supply of cigarettes from the tobacco company Godfrey Phillips India Limited.

3. That the Chief Minister is an executive head of the state who represents the state policies and the spirit of the constitution and the law of the land. The welfare of the public and the furtherance of the state policies in liaison with the national policies are his responsibilities.

4. That preventing the spread and glamorization of tobacco is a national policy, with regard to which the parliament had enacted anti-tobacco legislation and also ratified an international treaty Framework Convention on Tobacco Control. FCTC has been signed by 187 countries and ratified by 87 countries and calls for ending all sponsorship activities by tobacco companies.

5. That the objective of all these anti-tobacco efforts is to prevent the death of over one million people in India and around 5 million world wide. The objective is also to stop the glamorization and the promotion of tobacco which influences a sizeable number of youngsters to smoke.

6. That “Godfrey Phillips” is a trade mark and a brand name used in relation to tobacco products like “Red & White,” “Four Square,” “Jaiselmare,” etc.

7. That any indirect or direct  promotion of any tobacco product(s) or any trade mark or brand name associated with any tobacco product in exchange of any sponsorship, gift or prize is a punishable offence under Section 5 of “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.

8.      That Section 22 of the Act reads that;

Whoever contravenes the provision of section 5 shall, on conviction, be punishable— (a) in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and (b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

9.      That a civil writ petition 3131 of 2005 is also pending before the Haryana and Punjab High Court on the issue and involvement of government officials and officials holding constitutional posts in such tobacco company activities. The Haryana government in its reply in the high court stated that no government official was allowed to participate in any tobacco company’s activity and that the Haryana government is doing everything to prevent the tobacco companies from spreading the menace of tobacco.

10.  That Godfrey Phillips is used exclusively as a registered name of the respondent company which is manufacturing only tobacco and tobacco being its major source of revenue. Under such a situation the words Godfrey Phillips, which are exclusively used by the respondents company in relation to its tobacco products will clearly relates to its complete range of tobacco products.

11.  That the name Godfrey Phillips comes within the definition of a “Trade Mark” too under the Trade Marks Act.

12.  That the intention of the legislation “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” is to ban all sponsorships and promotions of and by tobacco companies and products.

13.  That Godfrey Philips India Limited is a commercial organization which works for profits. The activity of giving bravery awards in the name of its trade name/brand is a commercial activity aimed to promote its trade name and the umbrella brand of its tobacco products; marketed under the brand and trade name “Godfrey Phillips”. Since all commercial activities calculate the return of every penny spent in terms of increased sale of their product, Godfrey Phillips being a commercial organization is no different and more so the tobacco company does not have any philanthropic objectives listed in its memorandum.

14.  Each pack of the cigarette manufactured by the company carries the name “Godfrey Phillips” in a particular manner highlighting it akin a brand name. All the new promotion and cigarette display cases of the company too carry the name and trade mark “Godfrey Phillips.”

15.  The provision of the law and FCTC, which the Indian government had ratified in 2004, clearly calls for putting an end to all “Direct and indirect advertisement” and for prohibiting all kind of sponsorships of and by the tobacco companies. Under such a circumstance allowing any prize/activity/sponsorship, etc. in the name of “Godfrey Phillips” would be detrimental.

16.  On May 31, 2005, vide G.S.R. 345(E) the Government of India further clarified the meaning of the word “indirect advertisement,” defining indirect advertisement as: 

i. the use of a name or brand of tobacco products for marketing, promotion or advertising other goods, services and events;

ii. the marketing of tobacco products with the aid of a brand name or trademark which is known as, or in use as, a name or brand for other goods and service;

iii. the use of particular colours and layout and/or presentation those are associated with particular tobacco products; and

iv. the use of tobacco products and smoking situations when advertising other goods and services.”

17.   It is in public interest and a lawful duty that the tobacco company be restrained from promoting the trade mark/brand “Godfrey Phillips” by way of giving gifts/prizes or by sponsoring the activity.

18.  That the spirit of the anti-tobacco legislation and Framework Convention of Tobacco Control calls for ending such like promotion and activities by tobacco companies.

19.  That some government officials are also engaged in assisting the said tobacco company and propose to participate in the nefarious activity of the tobacco company. This is against the national policy, the spirit of the constitution, the directive principles and the anti-tobacco legislation.

It is therefore requested to deny the rumors of your participation and to restrain all the government officials who propose to participate in the said activity and also to instruct the law enforcement officials to restrain the tobacco company from giving “Godfrey Phillips bravery awards” and to take lawful action against all the people engaged in promotion of the tobacco brand name(s)/trade mark(s) and involved in sponsorship, providing gifts or prizes in the name of the tobacco trade name “Godfrey Phillips” and/or any other such activity against the spirit of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” and the rules made there under.

Yours cordially

Hemant Goswami
Chairperson; Burning Brain Society

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MOST URGENT

BBS/GoH/1005/002

October 19, 2005

Sh. A.R. Kidwai,

Governor of Haryana,

Haryana Raj Bhawan,

Chandigarh

REQUEST TO NOT participate in the tobacco company’s brand promotion activity under the guise of bravery awards

Sir,

This refers to our earlier representation regarding the claim by the tobacco company “Godfrey Phillips India Ltd.” which is conducting a prize/gift sponsorship show to promote the trade name “Godfrey Phillips” through and by way of sponsoring and giving prizes/gifts under the name of “Godfrey Phillips Bravery Awards” at Taj Hotel, Sector 17, Chandigarh on Oct. 19, 2005.

Sir we once again request you not to patronize the tobacco company and support their surrogate activities. We are requesting you in the larger public interest envisioned in the directive principles mentioned in the constitution, the spirit shown by the parliament by implementing the anti-tobacco legislation and by the ratification of the FCTC.

Other than this, because of the presence of responsible people like the head of the state, the whole government machinery thinks that the tobacco companies has the tacit support of the government and have a relationship with big names and therefore they do not act against such unethical companies and activities, even when they must. It sends a negative message to the general public too because the whole world knows the real intend behind such activities of the tobacco companies.

Please do not contribute in the death toll caused by tobacco. It has already causing around one million deaths every year in India alone. Please do not allow association of tobacco with bravery. Please do not allow it to be glamorized further.

Yours cordially

Hemant Goswami

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What can you do?

If you living outside India, you can write to your High Commissioner to know about the status of implementation of FCTC in India and explanation on such gross violations.

Since the Government of India do not maintain any record of the e-mails or online communication (most of it is deleted without being read or accounted for) so it is better to send a hard copy communication. This way it goes in the record.

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