The Delhi High Court Division Bench upheld Capital Foods' claim against Radiant Indus Chem in the "Schezwan Chutney" trademark infringement case.
In its order dated January 25th, the court noted that Radiant Indus Chem had copied Capital Foods' stylization, color combination, appearance, trade dress, and copyrights in its advertising material without proper attribution.
Capital Foods obtained a trademark certificate for "Schezwan Chutney" for their product "Ching's Secret" in 2017. Upon discovering that Radiant Indus Chem's "Mrs. Food Rite" brand was using Capital Foods' trademarked title and design to promote its products, Capital Foods filed a trademark infringement case at the Delhi High Court.
As part of the lawsuit, Capital Foods accused Radiant Indus Chem of not only infringing on its trademark, but also copying its website content and trade dress. Ching's Secret's unique "Desi Chinese" element in its "Schezwan Chutney" name is said to have been developed through years of promoting the product to Indian consumers.
“Schezwan Chutney is not the category's name. It is our brand name. Schezwan Chutney as a name didn’t exist previously unless Ching’s first introduced it. We were the first to manufacture it commercially and term it 'Schezwan Chutney' in Mid of 2012. We have created a consumer base from nothing. Other rival brands cannot come in, copy us and ride on our success.” said Capital Foods’ spokesperson
Capital Foods, during its appeal to the Delhi High Court Division Bench, claimed that it invested more than Rs 273 crores between 2012 and 2016 in promoting its "Schezwan Chutney" product and achieved sales worth over Rs 316 crores for that product.
In January 2023, on January 13th, a single judge of the Delhi High Court did not grant an injunction, stating that the trademark was simply a term describing the product.
After the initial ruling, Capital Foods appealed to the Division Bench, arguing that their trademark "Schezwan Chutney" was unique to their company due to its popularity, high sales volume, and the significant advertising and promotion costs incurred by the company for the product.
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