Capital Foods Private Limited Vs Pitambari Products Private Limited

Case Title: Capital Foods Private Limited Vs Pitambari Products Private Limited

Date of Order: 28.07.2025

Case Number: CS(COMM) 754/2025

Name of Court: High Court of Delhi at New Delhi

Name of Judge: Hon’ble Ms. Justice Manmeet Pritam Singh Arora

The plaintiff, Capital Foods Private Limited, a well-known FMCG company now acquired by Tata Consumer Products Ltd., filed a suit against the defendant, Pitambari Products Pvt. Ltd., for infringement and passing off of its registered trademark “SCHEZWAN CHUTNEY”. The plaintiff adopted the mark in 2012 and has extensively used and promoted it in India and abroad. The defendant was found to be selling similar food products bearing the identical mark “SCHEZWAN CHUTNEY”.

The plaintiff filed an application under Order XXXIX Rules 1 and 2 CPC seeking an ad-interim injunction, asserting that the defendant’s use of the impugned mark is a recent and unauthorized act, despite a legal notice sent on 04.06.2025. The defendant’s reply dated 23.06.2025 argued the mark was descriptive, which the plaintiff contended was untenable in light of a Division Bench order dated 25.01.2023 that held the plaintiff’s mark had acquired secondary significance.

Upon examining both parties’ products presented in court and comparing the packaging and marks, the Court found the defendant’s use of the mark to be identical and infringing. Noting the plaintiff’s prior use, registration, commercial success, and previously granted injunctions in similar cases, the Court held that a prima facie case was made out for protection.

Accordingly, the Court granted an ex-parte ad-interim injunction restraining the defendant from using the mark “SCHEZWAN CHUTNEY” or any deceptively similar mark. The injunction did not extend to the trade dress. The matter was listed for further proceedings.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.