Mondelez India Foods Private Limited (formerly Cadbury India Ltd.) v. Neeraj Food products
This legal case involves a lawsuit filed by Mondelez India Foods, the parent company of Cadbury, against a defendant for trademark and copyright infringement, passing off, and unfair competition. The plaintiff alleges that the defendant's chocolate product named 'JAMES BOND' infringes upon their trademark 'CADBURY GEMS'/'GEMS' and their copyright in the character 'GEMS BOND'. After a prolonged legal battle, the Delhi High Court issued a permanent injunction against the defendant, ruling in favor of the plaintiff and awarding damages.
Mondelez India Foods Private Limited (formerly Cadbury India Ltd.) v. Neeraj Food products
CS (COMM) 393/2018
Decided on 26 July 2022
The Plaintiffs in this lawsuit are the parent company of the well-known brand Cadbury, previously known as Cadbury India Ltd., Mondelez India Foods Private Limited, and Cadbury Schweppes Overseas Limited. They have filed this lawsuit seeking permanent and mandatory injunction and damages for infringement of trademark and copyright, passing off, and unfair competition, among other reliefs.
The lawsuit was first listed in October 2005. The Defendant initially appeared before the Court but later stopped appearing, and an ex parte order was passed in favour of the Plaintiff.
The Defendant then moved an application to set aside the said order, which was allowed by the Court. On May 25th, 2007, an application for interim injunction was allowed, and in July 2013, the evidence stage of the proceedings was concluded, with the matter pending a hearing.
CONTENTION OF PLAINTIFFS
The plaintiffs are claiming ownership of the trademark 'CADBURY GEMS' or simply 'GEMS'. They allege that the defendant has launched a chocolate product under the name 'JAMES BOND', which has the same colour scheme, design, and arrangement as their own 'CADBURY GEMS'/'GEMS' products.
The plaintiff argues that the use of the mark 'JAMES BOND'/'JAMEY BOND' and the packaging bearing the same mark infringes both their registered trademark "CADBURY GEMS"/"GEMS" and their copyright registrations featuring the character "GEMS BOND".
CONTENTION OF DEFENDANT
During the legal proceedings, the Defendant put forth a strong argument that the label and the mark on their products were not identical or deceptively similar to those of the Plaintiff's. They further contended that since the Plaintiff's trademark or label was not included in the search report, it cannot be considered identical or confusingly similar to the Defendant's mark or label. This highlights the importance of conducting comprehensive research and analysis of existing trademarks and labels before launching a new product in the market.
JUDGEMENT
The Hon’ble Delhi High Court has issued a permanent and mandatory injunction against the Defendant, their proprietor, partners, representatives, agents, distributors, etc. from using the mark ‘JAMES BOND’ in relation to their products. The Court has also awarded damages and litigation costs to the Plaintiffs. The Court observed the following:
The present suit is a clear case of res ipsa loquitur. GEMS is one of India's most popular and recognizable chocolate brands, known to both young and old. Almost everyone associates it with their childhood memories. The products of the Plaintiff and Defendant are remarkably similar, where Defendant's product's colors scheme is entirely identical to the Plaintiffs' label and packaging. Moreover, the marks are confusingly and deceptively similar. The Defendant’s product and packaging are a complete copy of the Plaintiff’s ‘CADBURY GEMS’ products. There is a strong likelihood of confusion, particularly for the target audience, i.e., children. The Defendant has blatantly infringed the Plaintiff’s copyright in the character ‘GEMS BOND’ and the well-known trademark, label, and packaging in ‘CADBURY GEMS’ and ‘GEMS’ products.
COURT ANALYSIS
The recent judgment in Mondelez India Foods v. Neeraj Food Products (CS(COMM) 393/2018) is a win for the plaintiff, emphasizing the importance of protecting well-established trademarks. The court ruled that the defendant's 'JAMES BOND' products infringed on the plaintiff's 'CADBURY GEMS' trademark. The court issued a permanent injunction against the defendant, awarded damages, and emphasized the legal consequences of the unauthorized use of trademarks and copyrights. This case highlights the significance of conducting thorough research before launching new products and reaffirms the legal principles of trademark and copyright protection.
