‘Schezwan Chutney’ trademark dispute reaches High Court

Two of India’s biggest companies, Tata Group’s Capital Foods Limited and Dabur India, are embroiled in a legal battle over ‘Schezwan Chutney’. The dispute relates to alleged infringement of trademarks and intellectual property rights.

What is the matter?

Capital Foods Ltd, which sells its famous ‘Ching’s Schezwan Chutney’ in the market, has alleged that Dabur India has also infringed their trademark by launching its product with the same name.

Capital Foods claims:

• The company has registered the trademark of ‘Schezwan Chutney’.
• They have invested heavily in the promotion and branding of this brand.
• This product is recognized as ‘Ching’s Schezwan Chutney’ among consumers.

Dabur’s action:

• Dabur launched its product in the market with the name ‘Schezwan 2024’.
• He filed a petition to cancel the trademark registration in October 2024.

Capital Foods’ complaint and High Court’s response

Capital Foods filed a petition in the Delhi High Court accusing Dabur India of infringing their trademarks.

• The court has issued notice to Dabur India.
• Justice Mini Pushkarna has fixed the next hearing of the case in the last week of February.

Capital Foods’ arguments

1. Misuse of Trademarks:
   • Capital Foods says that ‘Schezwan Chutney’ is prominently written on Dabur’s packaging.
   • This design has created confusion among consumers that Dabur’s product is linked to Capital Foods.
2. Violation of Intellectual Property Rights:
   • The company has taken legal action to protect its designs and trademarks.
   • They claim that the term ‘Schezwan Chutney’ directly identifies the Chings brand to consumers.

Dabur’s stance and strategy

• Dabur filed a petition to cancel the registration of ‘Schezwan Chutney’ trademark in October 2024.
• The hearing on his petition is to be held on February 5.
• The company argues that ‘Schezwan Chutney’ is a generic name and cannot be considered a trademark of a particular brand.

main point of legal dispute

The dispute highlights the complexities of trademark law and intellectual property rights.

• Capital Foods: Their trademark and branding is already established.
• Dabur: ‘Schezwan Chutney’ is a generic name, which cannot be trademarked.

What could be the impact?

1. Impact on Brand Identity:
   • If Capital Foods’ case is strong, Dabur may have to change the name and branding of its product.
2. Market Competition:
   • This dispute will decide how effective trademark law is on product names.
3. Consumer confusion:
   • The court will ensure that there is no confusion among consumers and no brand gets unfair advantage.