JUDGMENT

Navin Chawla, J.

I.A. 8147/2020

1. The present application has been filed by the plaintiff inter-alia praying for the grant of an ad interim injunction restraining the defendant, its directors, and/or anyone acting for and on their behalf from manufacturing, selling, offering for sale, marketing, retailing, supplying, distributing, exhibiting, advertising, promoting, displaying, dealing in and / or using, in any manner whatsoever, the products bearing the marks "SCHEZWAN CHUTNEY" and "SZECHUAN CHUTNEY".

FACTUAL BACKGROUND:

PLAINTIFF'S CASE

2. It is the case of the plaintiff that the plaintiff is one of the leading food companies in India, engaged inter alia in manufacturing and marketing a wide variety of dips, spreads, condiments, sauces, noodles, soups, pastes, dressings, ready-to-eat food products and other food preparations, for more than 25 years. The plaintiff employs more than 1200 people, having presence in countries such as U.S.A., Canada, Australia, U.K., Singapore, to name a few.

3. The plaintiff asserts that the plaintiff was the first to coin and independently invent a distinctive trade mark "SCHEZWAN CHUTNEY" in relation to dips and spreads, which is prima fac