Amber Nutrition Secures Legal Victory Against Ms. Neetu Choudhary for Infringement of Trademark and Copyright on Candy Products
In a significant legal development, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Amber Nutrition Private Limited against Ms. Neetu Choudhary and others for infringing on its registered trademarks and copyrights. Presided over by Justice Tushar Rao Gedela, the court found that Amber Nutrition established a prima facie case of trademark and copyright infringement, leading to the issuance of a temporary injunction to prevent irreparable harm to the company.
Amber Nutrition, a reputed manufacturer of confectioneries, initiated the legal proceedings against the defendants, accusing them of marketing products with deceptively similar marks, trade dresses, and artistic works. The plaintiff's contention highlighted that the defendant's products, marketed under the house mark "MILAN'S," bore striking resemblances to Amber's registered trademark "AMBER KREAM TOFFEE" and its associated trade dress and artistic works.
The court's decision was influenced by the substantial evidence presented by Amber Nutrition, which included a comprehensive list of registered trademarks and copyrights dating back to 1993. The plaintiff demonstrated its extensive market presence, both domestically and internationally, and provided sales data illustrating significant commercial success and brand recognition.
Justice Gedela acknowledged the weight of Amber Nutrition's claims, noting that the defendants had previously admitted to using similar marks and undertook to cease such use after a cease and desist notice was issued. Despite this, the plaintiff discovered further instances of infringement, prompting the current legal action.
The court's ruling restrains the defendants from using any trademarks, trade dresses, or artistic works identical or deceptively similar to Amber Nutrition's registered properties. Additionally, the defendants are required to disclose sales figures of the infringing products and comply with procedural requirements under the Civil Procedure Code.
This judgment underscores the judiciary's commitment to protecting intellectual property rights and serves as a deterrent against trademark and copyright infringements. The case will next be heard on August 19, 2026, for completion of service and pleadings.
Bottom line:-
Trademark and Copyright Infringement - Plaintiff established a prima facie case of trademark and copyright infringement against the defendants for using deceptively similar marks, trade dresses, and artistic works. Ex-parte ad-interim injunction granted in favor of the plaintiff to prevent irreparable harm.
Statutory provision(s): Trade Marks Act, 1999 Sections 29, 134; Copyright Act, 1957 Section 51; Civil Procedure Code, 1908 - Order XXXIX Rules 1 & 2; Bharatiya Sakshya Adhiniyam, 2023 Section 63(4)(c); Commercial Courts Act, 2015 Section 12A
Amber Nutrition Private Limited v. Ms. Neetu Choudhary, (Delhi) : Law Finder Doc id # 2921911
