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NAVIN CHAWLA
Capital Food Private Limited – Appellant
Versus
Radiant Indus Chem Pvt. Ltd. – Respondent
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
Generic and descriptive terms in trademarks cannot be exclusively claimed, and likelihood of confusion must be assessed holistically from the average consumer's perspective.
Distinctiveness in trademark law must be assessed concerning the goods or services; common terms can acquire distinctiveness based on usage, thus allowing for a prima facie case of infringement.
A descriptive term like 'Sugar Free' can be used by others in the market, provided it does not mislead consumers, balancing trademark exclusivity with fair competition. The court recognized the diffi....
The court affirmed the registered trademark holder's rights against similar marks and clarified standards for proving prior use and confusion under trademark law.
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
Mere addition of a house mark, especially when such house mark also has a certain reputation and goodwill, would obviate any chance of confusion in the mind of an unwary consumer.
In trademark law, the likelihood of confusion rather than actual confusion is sufficient to grant injunctive relief, especially when the Plaintiff has established prior use and goodwill.
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