Delhi High Court pays ₹16 lakh damages to Mondelez India

In an order, Justice Pratibha Singh said: “In view of the gross violation of the rights of the plaintiff (Mondelez), to the tune of damages 16 lakh is awarded in favor of the plaintiff. The court also restrained Neeraj Foods from infringing or using James/James Bond products for its products.”

Additionally, the court observed that the color scheme of the product of Neeraj Food is similar to the label and packaging of Cadbury’s chocolate brand Mondelez and the markings are also confusing and ‘misleadingly’ similar.

The legal suit by Mondelez sought permanent injunctions and damages for trademark and copyright infringement and unfair competition, along with other reliefs.

Mondelez began its operations in 1947 and is a market leader in confectionery chocolate products globally. Some of its brands include Cadbury Dairy Milk, Cadbury Gems, Cadbury 5 Star, Bournvita, Cadbury Perk.

Mondelez filed a case against Neeraj Food in 2005. The company alleged in its petition that Neeraj Food launched a chocolate product under the ‘James Bond’ mark, which had the same arrangement, color scheme and layout as Cabbage Gems.

Mondelez stated that Neeraj Food, its owners, partners, directors and distributor franchisees should be prohibited from using the trademark James/or James Bond or other trademarks that are even remotely identical to Mondelez. It also called for the recall of James Bond trademarked products, marketing, promotional and advertising materials, and other trade marks similar to the trade mark Gemstone and to hand them over to Mondelez representatives.

In an interim order in 2007, the HC had directed Neeraj Food to use the trademark. In 2011, the parties tried to settle the matter, but the talks failed.

Judging on the merits of the trademark, the court observed: “In view of the defamatory conduct of the respondent (Neeraj Food) in violation of the plaintiff’s famous mark, label and packaging, this court is convinced that it is an award of damages.” Appropriate case for. A comparison of the defendant’s infringing product and its packaging leaves no doubt that it is a complete knock-on of Cadbury Gems of the plaintiff.”

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