Mondelez India vs Neeraj Food Products – Trademark Dispute Case

Here's a breakdown of the case:

⦁ The plaintiff, Mondelez India Foods Private Limited (formerly Cadbury India Ltd.), is a leading confectionery company in India, owning popular brands like Cadbury Dairy Milk, Cadbury Gems, and Cadbury 5 Star.

⦁ The defendant, Neeraj Food Products, launched a chocolate product called "James Bond" with packaging similar to Cadbury Gems.

Key Issues :

Trademark Infringement:

The plaintiff claimed that the defendant's use of "James Bond" infringed on their registered trademark "Gems".

Passing Off:

The plaintiff argued that the defendant's packaging was deceptively similar, likely to cause confusion among consumers.

Court's Decision :

The Delhi High Court ruled in favor of the plaintiff, granting an interlocutory injunction restraining the defendant from passing off their goods under the same brand name and duplicating the pillow packet's creative work.

The court observed that the defendant's packaging was similar in size, shape, color, and appearance, conveying the same message, and that the defendant's aim was dishonest, intending to profit from the plaintiff's goodwill and reputation.

Judgement :

The Mondelez India Foods Private Limited (formerly Cadbury India Ltd.) v. Neeraj Food Products case was decided on July 26, 2022, by the Delhi High Court, with Justice Prathiba M. Singh presiding over the case. The court ruled in favor of the plaintiff, Mondelez India Foods Private Limited, and awarded damages of Rs. 10 lakhs to the company. The case involved a lawsuit filed in August 2005 against Neeraj Food Products for trademark and copyright infringement, passing off, and unfair competition.