Today, On 10th January, The Delhi High Court is heared a case where Capital Foods, a Tata-owned company, has taken Dabur to court over the use of the name ‘Schezwan Chutney.’ The issue began after Dabur launched a product with the same name in 2024. Capital Foods argues that it has trademark rights to the term because of its popular Ching’s Secret brand. This case highlights the increasing competition in India’s condiments market.
New Delhi: The Delhi High Court issued a notice to Dabur India Limited on Friday concerning a plea filed by Tata Group-owned Capital Foods over the use of the registered trademark “Schezwan Chutney,” marketed by Dabur as “Ching’s Schezwan Chutney.”
Justice Mini Pushkarna scheduled the case for a hearing in the last week of February.
In October 2024, Dabur filed a petition to cancel the registration of “Schezwan Chutney” from the Trademarks Registry, which is set for a hearing on February 5.
Capital Foods asserted that it has invested significantly in promoting and protecting its trademark “Schezwan Chutney,” which has achieved considerable recognition.
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The company also claimed copyright for the unique designs of its products and has previously taken legal action against parties misusing its trademark, with courts recognizing the importance of the Schezwan Chutney mark.
Capital Foods argued that consumers automatically associate “Ching’s Schezwan Chutney” with the name “Schezwan Chutney,” leading to their objection against Dabur’s use of the name. The dispute arose after Dabur launched its product line called “Schezwan 2024.”
According to Capital Foods, Dabur’s packaging emphasizes “Schezwan Chutney” in large font while downplaying its own brand name, which misleads consumers into believing that the product is endorsed by or associated with Capital Foods. This, Capital Foods contended, constitutes an infringement of intellectual property rights.
In its challenge to the registration of “Schezwan Chutney,” Dabur argued that the mark is highly descriptive and generic, indicating the kind, quality, and characteristics of the products sold under that trademark.
Dabur further claimed that allowing the registration of “Schezwan Chutney” would create a monopoly over generic and descriptive terms, as the mark was registered without any disclaimer regarding the lack of exclusive rights to use the generic and descriptive words it contains.
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Capital Foods was represented by Advocates Pravin Anand and Achuthan Sreekumar from Anand & Anand, while Dabur was represented by Advocates Hemant Singh, Manish Kumar Mishra, Akansha Singh, Saransh Sainn, and Shruti Manchanda.
The Tata Group is one of India’s largest and most respected multinational Industries. It was founded in 1868 by Jamsetji Tata and has since become a global entity with a diverse range of businesses across multiple sectors. The group operates in industries including steel, automotive, IT services, telecommunications, consumer products, hospitality, and more.