Introduction

In the ever-evolving world of business, protecting one’s intellectual property is paramount. The recent legal battle between The Hershey Company and Hershey Technologies Pvt. Ltd. in the Delhi High Court (CS(COMM) 1353/2025) underscores the importance of trademark rights and the implications of infringement. This case, adjudicated by the Hon’ble Mr. Justice Tejas Karia on December 17, 2025, highlights critical legal concepts surrounding trademark infringement and passing off, providing valuable insights into how courts handle such disputes.

Background of the Case

The Hershey Company, a well-established brand based in Delaware, USA, has cultivated a strong reputation since adopting its trademark "HERSHEY" in 1894. The company expanded its footprint in India in 1997 through Hershey India Pvt. Ltd., establishing a substantial presence in the market. By 2024, The Hershey Company reported a staggering worldwide revenue of ₹1,01,000/- crores, with substantial sales continuing to roll in from the Indian market.

The plaintiff’s strong hold on the "HERSHEY" trademark is reinforced by multiple Indian trademark registrations, including Reg. Nos. 395382, 406002, 1568464, and 5654147 across various product categories. This legal groundwork is not merely bureaucratic; it serves to protect the brand’s extensive goodwill, built over decades through robust marketing and consumer trust.

In stark contrast, Hershey Technologies Pvt. Ltd., the defendant in this case, specializes in IT-related services such as training, consultancy, and recruitment. The defendant’s choice of the name "Hershey Technologies Pvt. Ltd." drew immediate scrutiny from the plaintiff, particularly due to concerns that it could mislead consumers and damage the brand's reputation.

Registered Marks of The Hershey Company are below.

The Plaintiff’s Position

The crux of The Hershey Company's argument revolves around trademark infringement and passing off. Trademark law is designed to prevent consumer confusion regarding the source of goods or services. The plaintiff aimed to secure a permanent injunction against the defendant, highlighting that their trademark rights could be severely compromised if such confusion persisted.

The urgency of their claim was demonstrated by the substantial sales figures that the company maintained in India, amounting to ₹5,02,93,00,000/- in the fiscal year 2023-24 alone. This illustrates not only the financial stakes but also the potential reputational damage the brand could face if consumers were misled by the defendant's activities.

Legal Proceedings and Allegations

The legal proceedings commenced with the filing of a commercial suit as the plaintiff sought interim relief in the form of an ex parte ad-interim injunction against Hershey Technologies. Essential to this was the argument that the defendant's activities reportedly began in September 2025 and were discovered through internet searches, showcasing the level of vigilance maintained by The Hershey Company.

In the court's analysis, key issues arose concerning pre-institution mediation, the filing of additional documents, and the grounds for the injunction. The Commercial Courts Act stipulates that parties must often undergo mediation before proceeding to court, but in this urgent case, an exemption was sought. Given the potential damage to the brand's goodwill, the court was inclined to recognize the urgency and exemption was granted.

Court’s Verdict and Findings

In its decision, the Delhi High Court demonstrated a nuanced understanding of trademark law principles. The court evaluated the plaintiff’s claim and determined that a prima facie case had indeed been established, warranting the requested legal protection. The defendant's name, which closely mirrored the plaintiff's iconic brand, was seen as likely to cause consumer confusion and dilute the brand’s established identity.

The court issued an ex parte ad-interim injunction, emphasizing the potential for irreparable harm to the plaintiff if immediate relief were not granted. This decision illustrates a critical component of trademark law, protecting not just the legal rights of the trademark holder but also the interests of consumers who rely on brand identity in their purchasing decisions.

In addition, the court acknowledged the historical context of the “HERSHEY” trademarks and the significant goodwill associated with them. By prioritizing the plaintiff's rights, the legal system underscored the importance of preserving brand integrity.

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 Implications for Businesses

The implications of the verdict extend beyond the parties involved in the dispute; they serve as a cautionary tale for all businesses regarding the importance of trademark registration and protection. Companies must be vigilant in safeguarding their intellectual property, ensuring that their branding remains distinctive and legally protected against encroachment.

Moreover, the case outlines the critical nature of market presence and consumer trust that established brands like The Hershey Company maintain. The financial metrics reported, combined with their historical brand significance, demonstrate how relevant trademark rights are for both new start-ups and long-standing corporations. Companies must invest in robust legal protection strategies as part of their overall business planning to avoid potential disputes and ensure brand longevity.

Future Proceedings and Timelines

Following the injunction, several procedural directions and timelines were established by the court. The suit’s registration and issuance of summons would occur immediately, with subsequent requirements for written statements, affidavits, and replies laid out in a structured timeline. This efficient handling of the case underscores the court's commitment to resolving such matters swiftly in order to uphold legal rights.

The next joint registrar hearing is scheduled for February 12, 2026, followed by an April 15 court hearing. This structured approach reflects the court’s efforts to balance the urgency of the plaintiff’s distress with the need for due process in adjudicating the claims.

Conclusion

The legal battle between The Hershey Company and Hershey Technologies Pvt. Ltd. serves as an essential reminder of the intricate interplay between trademark rights, business identity, and consumer protection. As businesses navigate their growth and brand development in competitive markets, ensuring comprehensive legal safeguards is crucial.

This case exemplifies the significance of judicial intervention in upholding intellectual property rights, illustrating how timely legal action can preserve the integrity of well-known brands. In doing so, the courts play a vital role not only in protecting individual businesses but also in maintaining fairness within the marketplace, fostering an environment where brands can thrive while respecting the rights of others. As the hearings progress, the outcome will be closely watched by professionals and businesses alike, representing a case study in trademark law and corporate responsibility.