Tata-owned Capital Foods takes Dabur to Delhi High Court over ‘Schezwan Chutney’

The Delhi High Court on Friday issued notice to Dabur India Limited on a plea filed by Tata Group owned Capital Foods for using using Capital’s registered trademark ‘Schezwan Chutney’, which is marketed as ‘Ching’s Schezwan Chutney’. (Capital Foods Ltd v. Dabur India Ltd).Justice Mini Pushkarna listed the case for hearing in the last week of February. Dabur had in October 2024 filed a plea to cancel the registration of ‘Schezwan Chutney’ from the Trademarks Registry. This matter will be heard on February 5..Capital Foods claimed that it has invested heavily in promoting and protecting its trademark 'Schezwan Chutney', which has gained significant recognition.The company further contended that Capital Foods also holds copyright for the unique designs of its products and has taken legal action against parties misusing its trademark. Courts have recognised the significance of Schezwan Chutney mark, it claimed. It has contended that consumers automatically relate to Ching’s Schezwan Chutney when they see a product named Schezwan Chutney and, therefore, objected to Dabur using the name. .Dabur began selling its product line called Schezwan 2024, which prompted this legal dispute. According to Capital Foods, Dabur’s packaging has Schezwan Chutney written in big font, while downplaying their own brand name, misleading consumers into thinking their product is associated with or endorsed by Capital Foods. This misuse of the trademark constitutes infringement of intellectual property rights, according to Capital Foods. .Dabur has challenged the registration of Schezwan Chutney in favour of Capital Foods. It has contended that the mark is highly descriptive and generic, designating the kind, quality and characteristics of the products sold under the impugned trademark.Dabur has also contended that the registration of Schezwan Chutney on the Trademark Register is bound to create a monopoly over generic and descriptive words. According to Dabur, the mark was registered without any disclaimer regarding the lack of exclusive rights to use the generic and descriptive words it contains..Capital Foods was represented by Advocates Pravin Anand and Achuthan Sreekumar from Anand & Anand. Dabur was represented by Advocates Hemant Singh, Manish Kumar Mishra, Akansha Singh, Saransh Sainn and Shruti Manchanda.