Capital Foods gets interim relief in ‘Schezwan Chutney’ trademark infringement case, Delhi High Court, Division Bench
New Delhi, February 7th 2023: Upholding plaintiff Capital Foods’ allegation against defendant Radiant Indus Chem in ‘Schezwan Chutney’ trademark infringement case, the Delhi High Court, division Bench in its order dated 25th January observed, “
New Delhi, February 7th 2023: Upholding plaintiff Capital Foods’ allegation against defendant Radiant Indus Chem in ‘Schezwan Chutney’ trademark infringement case, the Delhi High Court, division Bench in its order dated 25th January observed, “…the stylisation, colour combination, get-up, trade dress and copyrights in its advertising material has been blindly copied from the appellant-plaintiff (Capital Foods).”
Capital Foods’ Ching’s Secret’ secured trademark certificate for ‘Schezwan Chutney’ in 2017. On finding that Radiant Indus Chem’s “Mrs. Food Rite’ brand had been using its trademarked title and design to promote its products, Capital Foods lodged a trademark infringement case at the Delhi High Court.
As part of the case, Capital Foods had alleged that Radiant Indus Chem not only breached the trademark but also duplicated its website contents and trade dress. Unique to Ching’s Secret, the ‘chutney’ in its nomenclature effervesces the ‘Desi Chinese’ element which it claims to have developed the Indian market for years of promotion to Indian citizens.
Giving details about the trademark infringement case and similar cases that the brand has battled previously, Capital Foods’ spokesperson said, “Schezwan Chutney is not the category’s name. It is our brand name. Our rival brands can name their Schezwan products as sauce, dip, spread or whatever else but chutney. Schezwan Chutney as a name didn’t exist previously unless Ching’s first introduced it. We were the first to manufacture it commercially and term it ‘Schezwan Chutney’ in Mid of 2012. We have created a consumer base from nothing. Other rival brands cannot come in, copy us and ride on our success.”
Capital Foods, while appealing to the Delhi High Court, Division Bench said that they spent more than Rs 273 crores between 2012-16 in promoting the product under the brand ‘Schezwan Chutney’ and clocked sales worth over Rs 316 crores for the same product.
Previously in January, on 13 January, 2023 a single judge bench of the Delhi High Court didn’t grant the injunction, citing the mark as a mere term describing the product.
Following the order, Capital Foods appealed to the Division Bench citing that their trademark Schezwan Chutney is unique to them given the Popularity, large-scale sales and costs incurred by the company in advertisement and promotion of the product.