JUDGMENT

24.01.2014 IA No. 10425 of 2013 & IA No. 12219 of 2013

1. IA No. 10425 of 2013 has been filed by Cadbury UK Limited (Plaintiff No.1) and Cadbury India Limited (Plaintiff No.2) under Order XXXIX Rules 1 and 2 CPC seeking to restrain the Defendant Lotte India Corporation Ltd. from manufacturing, selling, marketing, promoting or in any other manner whatsoever, or attempting to use or asserting any right to use or applying to register any of the marks Choclairs/ Parry’s Choclairs/ Lotte Choclairs / Chocolairs/ Lotte Chocolairs or any other mark similar to the trade mark Choclairs of the Plaintiffs.

2. IA No. 12219 of 2013 is by the Defendant under Order XXXIX Rule 4 CPC seeking vacation of the interim order passed by the Court in favour of the Plaintiffs on 8th July 2013.

The case of the Plaintiffs

3. The case of Plaintiff No.1, Cadbury U.K. Limited and Plaintiff No.2, Cadbury India Limited, is that they have been using the trade mark ‘Cadbury’ for the last 150 years. Some of its products are Choclairs/Cadbury Choclairs. The conception and adoption of the brand ‘Choclairs’ goes as far back as 1953 when the trade mark ‘Choclairs’ was coined and adopted by the predecessor-in-title o