The Division Bench of the Delhi High Court has recently stayed the order of the single Judge of the Delhi High Court which made observations with respect to its trademark Schezwan Chutney in the suit filed by them against Radius Indus Chem Industries for infringement of that trademark. The Division Bench of the Delhi High Court, in fact, recorded a prima facie finding that the trademark Schezwan Chutney has acquired secondary significance considering the voluminous sales and expenditure incurred on advertisement and promotion by Capital Foods.

Sharing on the development in the Delhi High Court, spokesperson at Capital Foods said, “The matter is presently sub judice, and hence we do not wish to offer any comments on the merits at the moment. However, we are happy that the court has recognised the rights in the mark Schezwan Chutney and the efforts spent in building the brand and we shall continue to protect the brand Schezwan Chutney. We spend years in understanding and catering to the unique taste profile of desi Chinese which is not only restricted to the ingredients and quality of our products. Our efforts also extend to the unique brands that we have coined to best connect with the audience. Having spent adequate time in overall research and development in product and brand building that resonates with our idea of catering to the desi Chinese taste profile, we are committed to protecting our trademarks and unique labels from being misused.”