Capital Foods' "Schezwan Chutney" Trademark Protected; Defendant Restrained from Using Similar Marks
In a significant ruling, the Delhi High Court has issued an ex-parte ad-interim injunction against Kishan Rameshbhai Kaswala, trading as K3 Masala, for trademark infringement of Capital Foods Private Limited's registered trademark "Schezwan Chutney." The court found that the defendant's use of the mark "Schezwan Dipping Chutney" was deceptively similar to the plaintiff's well-established brand, thereby creating a likelihood of confusion among consumers.
The plaintiff, Capital Foods Private Limited, asserted that their trademark "Schezwan Chutney" had acquired substantial goodwill and reputation due to extensive use and promotional activities, including an advertising campaign featuring Bollywood actor Ranveer Singh. The court noted that the plaintiff's trademark had gained secondary significance and was recognized widely in the market.
Justice Tushar Rao Gedela, presiding over the case, emphasized the deceptive similarity between the marks, highlighting that the defendant's addition of the word "Dipping" did not mitigate the likelihood of consumer confusion. The court observed that the defendant's products were marketed and sold on various e-commerce platforms, further compounding the risk of public deception.
The court's order restrains the defendant and associated parties from using the infringing marks and mandates the submission of sales records and related documents. The case has been slated for further proceedings, with the court setting timelines for filing replies and rejoinders.
This decision underscores the judiciary's commitment to protecting intellectual property rights and ensuring fair competition in the marketplace.
Bottom line:-
Trademark infringement - Plaintiff's registered trademark 'SCHEZWAN CHUTNEY' found to have substantial reputation and goodwill. Defendant restrained from using deceptively similar marks, including 'SCHEZWAN DIPPING CHUTNEY'. Ex-parte ad-interim injunction granted to protect plaintiff's trademark rights.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2, Trademark Law
