Patent Infringement Books

Monday, November 7, 2011

Interim relief for Cadbury in trademark infringement case

By:Hary M. Pillai
Source: http://www.lawetalnews.com



Delhi High Court has issued an ex-parte interim injunction against a local garment manufacturer – Lodha Garments preventing them from using the trademark Cadbury, in a suit filed by one of the world’s largest confectionary company, Cadbury UK Ltd and its Indian subsidiary Cadbury India Ltd, alleging infringement of their world renowned trade mark “Cadbury” by the defendant company.

Justice Manmohan Singh before whose bench the matter was listed felt that prima facie a strong case was made out that the trade mark of the plaintiffs as well as their reputation was being used by the defendant company to pass off their goods as those of the plaintiffs.

The interim injunction shall be operational till the next date of hearing which is 7 January 2012.
In their suit, Kraft Foods promoted Cadbury UK Ltd and its Indian subsidiary had accused Lodha Garments of adopting a deceptively identical name to promote its product as that of the foreign firm and thus mislead consumers.


Source: http://www.lawetalnews.com/post.php?id=138

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