Capital Foods Private Limited Vs. Pitambari Products Private Limited: 28 July 2025: CS(COMM) 754/2025: Hon’ble Ms. Justice Manmeet Pritam Singh Arora
The plaintiff, Capital Foods Private Limited, a company incorporated in 2003 and now part of Tata Consumer Products Limited, claimed ownership of the registered trademark “SCHEZWAN CHUTNEY” adopted in 2012 for its food products. It alleged extensive use, high turnover, and copyright registration in the product trade dress. In June 2025, the plaintiff discovered that the defendant, Pitambari Products Private Limited, was manufacturing and selling products using the identical mark “SCHEZWAN CHUTNEY” and promoting them online. A legal notice dated 4 June 2025 was issued, but the defendant refused to cease use, claiming the mark was descriptive and not protectable. The plaintiff filed the present suit seeking injunction and damages.
Procedurally, the court noted prior orders in favour of the plaintiff in similar cases and that the Division Bench had already observed the mark’s secondary significance. Despite advance service, no one appeared for the defendant. The plaintiff placed both products before the court for comparison.
The core dispute was whether the defendant’s use of the identical mark constituted trademark infringement and passing off against the plaintiff’s registered and well-known mark.
The court found the defendant’s mark identical to the plaintiff’s and held that a prima facie case for infringement was made out. An ad-interim ex parte injunction was granted restraining the defendant from using the mark “SCHEZWAN CHUTNEY” or any deceptively similar mark, clarifying that the order was limited to the mark and did not cover the defendant’s trade dress.
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.
