Delhi High Court Grants Interim Relief To Ching’s, Restrains Local Manufacturer From Using ‘Schezwan Chutney’ Mark
The Delhi High Court has granted interim relief to Capital Foods Private Limited- known from the brand “Ching’s”, and has restrained a manufacturer from manufacturing and selling products under the mark “Schezwan Chutney.”
Justice Manmeet Pritam Singh Arora granted ex parte ad interim injunction in favour of Ching’s and restrained the manufacturer- Pitambari Products Private Limited from dealing in any product or service bearing the mark ‘SCHEZWAN CHUTNEY’.
“It is clarified that the present injunction order is only limited to the use of the mark SCHEZWAN CHUTNEY by the Defendant and does not concern trade dress of the Defendant’s products,” the Court said.
The defendant was engaged in manufacturing a product under the mark “Schezwan Chutney” and was promoting it on social media platforms such as Instagram and Facebook.
The Court observed that Ching’s is the registered owner of the word mark SCHEZWAN CHUTNEY and has a copyright registration as well in the artistic work used for packaging its product.
“Accordingly, the Plaintiff has made out a prima facie case for grant of an ad-interim ex-parte injunction,” the Court said.
Justice Arora issued summons in the suit and further issued notice on Ching’s application seeking interim relief.
The matter will be heard on December 16.
Title: CAPITAL FOODS PRIVATE LIMITED v. PITAMBARI PRODUCTS PRIVATE LIMITED