PepsiCo INC Vs Jagdamba Fods

PepsiCo, Inc., a global manufacturer of snack foods including the well-known brand LAY'S (used since 1938, registered in India since 1992, and sold in India since 1965), filed an application under Sections 47 and 57 of the Trademarks Act, 1999 seeking cancellation of the respondent's registered mark "JAY'S" (No. 2921580 in Class 30) on the ground of phonetic identity and deceptive similarity with its prior mark LAY'S. The respondent remained unrepresented. The Court found the rival marks phonetically identical and deceptively similar, the goods identical (snack foods), and held that the impugned mark was dishonestly adopted with mala fide intent to ride on the goodwill and reputation of LAY'S, creating every likelihood of confusion and deception, thereby violating Sections 9 and 11 of the Act.

**Crisp bullet points of law settled in the case**  

- Phonetic identity and deceptive similarity between marks is sufficient to establish likelihood of confusion/deception, even without evidence of actual confusion, particularly when the goods are identical (relied on Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories, AIR 1965 SC 980 – Para 7).  

- The test of similarity must be considered both visually and phonetically (with reference to the ear as well as the eye), and the essential/distinguishing feature of the mark is decisive; minor additions or pictorial devices do not eliminate deceptive similarity (relied on K.R. Chinna Krishna Chettiar v. Shri Ambal & Co., (1969) 2 SCC 131 – Para 8).  

- Adoption of even one or more essential features of a registered mark constitutes infringement; get-up, packaging differences or additional elements are immaterial if essential features are copied (relied on De Cordova & Ors. v. Vick Chemical Co. – referred in Para 9).  

- Dishonest adoption of a deceptively similar mark with intent to trade upon the goodwill/reputation of a prior well-known/registered mark justifies cancellation of registration under Section 57 read with Section 11 of the Trademarks Act, 1999 (relied on Dabur India Ltd. v. Usha Proprietor of RS Industries, 2024 SCC OnLine Del 9440 – Para 9).

**Case Title** : PEPSICO, INC Vs JAGDAMBA FOODS PVT. LTD. AND ANR.  

**Order date** : 10.11.2025  

**Case Number** : IPDATM/210/2023  

**Neutral Citation** : Not available  

**Name of Court** : High Court at Calcutta (Original Side – Intellectual Property Rights Division)  

**Name of Judge** : Hon'ble Justice Ravi Krishan Kapur  

[Readers are advised not to treat this as substitute for legal advice as it may contain errors in perception, interpretation, and presentation]  

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