The Tata Group's Capital Foods has sued Dabur India for using its registered trademark ‘Schezwan Chutney’, marketed as ‘Ching’s Schezwan Chutney,’ according to a Bar and Bench report. The case will be heard on February 5, 2025.
Capital Foods claimed that Dabur's packaging had Schezwan Chutney written in big font, downplaying their own brand name, which could mislead consumers into thinking the product is by Capital Foods (Representational Image/Pixabay)
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Dabur had filed a plea in October 2024 to cancel the ‘Schezwan Chutney’ registration from the Trademarks Registry.
This was because Dabur had launched a product called Schezwan 2024, which was what sparked the legal conflict.
Capital Foods claimed that Dabur's packaging had Schezwan Chutney written in big font, downplaying their own brand name, which could mislead consumers into thinking the product is by Capital Foods.
It added that consumers automatically relate to Ching’s Schezwan Chutney if they see a product named Schezwan Chutney, and thus, objected to Dabur using the name.
Capital Foods also said that it had invested heavily into promoting and protecting its 'Schezwan Chutney' trademark.
Dabur in response, challenged the registration of Schezwan Chutney by Capital Foods, arguing that the name is highly descriptive and generic.
It also said that the registration of Schezwan Chutney on the trademark register may end up creating a monopoly due to the generic and descriptive words.
Dabur had also said that the name was registered without any disclaimer on the lack of exclusive rights to use the generic and descriptive words it contains.
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Home/Business/Tata's Capital Foods sues Dabur over ‘Schezwan Chutney’ trademark: Report
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