The Delhi high court gave an interim injunction in favor of the chocolate giant Cadbury in a trade mark infringement case. Earlier an Indian company Lodha garments has been using the trademark Cadbeery, which is almost similar to this foreign chocolate brand Cadbury. Cadbury chocolate has accused the Indian company of using its trade name deceptively and thus committing pass off. 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-prate interim order i favors 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 prima facie have been able to make out a strong case for the grant of an ex-prate interim injunction in their flavor, Hence, till the next date of hearing, the defendant 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,”
Report by Abhishek Kumar