Cadbury secures favourable HC order in trademark case

New Delhi, November 7, 2011(Tehelkanews)

Cadbury India Ltd, the domestic arm of U.S. confectionery major Kraft Foods Inc, has secured a relief from the Delhi High Court which restrained a local garment manufacturer from promoting its apparel under the phonetically identical trademark 'Cadbeery'.Kraft Foods promoted Cadbury UK Ltd and its Indian subsidiary had moved the High Court accusing nondescript entity Lodha Garments of adopting a deceptively identical name to promote its product.Justice Manmohan Singh passed an ex-parte interim order in favour of the chocolate major holding that it has prima facie made out a case that its reputation was being used by the Delhi-based firm to pass off their goods as those of the international brand.

"The plaintiff (Cadbury UK Ltd) prima facie have been able to make out a strong case for the grant of an ex-parte interim injunction (restriction) in their favour, Hence, till the next date of hearing, the defendant (Lodha Garments) are restrained from using the trademark 'Cadbeery' or any other mark similar to the plaintiffs' trademark 'Cadbury'," the judge said."The trademark law is not intended to protect a person who deliberately sets out to take the benefit of somebody else's reputation with reference to goods, especially so when the reputation extends worldwide," the judge observed.The chocolate manufacturer had sought court's order to restrain Lodha Garments from using 'Cadbeery' as trademark for jeans, trousers, shirts and pants.

Cadbury has also sought imposition of "punitive and exemplary damages" of Rs 20 lakh on the garment manufacturer.



It alleged Lodha Garments was trying to mislead consumers as the trademark used by the garment manufacturer sounded similar and the font used was also the same.



Cadbury sought a permanent restriction on the garment manufacturer from using the trademark saying it was "blatant misuse" of its trademark.


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