Indian Co restrained from using Cadbury trademark CHOCLAIRS: DHC

Expanding the doctrine of ‘trans-border reputation’ to a new level, the Delhi High Court restrained an Indian company from using Cadbury’s trademark CHOCLAIRS in relation to their products (candy) and any deceptive variation thereof.

Plaintiff Cadbury alleged that defendant’s illegal and unauthorized use of the mark CHOCLAIRS is calculated to deceive the public into believing that defendant’s products are those of theirs or are in some way connected or associated with them.

The Court said, “The Plaintiffs have prima facie been able to show that their products and marks had a substantial spill over reputation in India prior to the date the defendant re-commenced using the mark in India. The Plaintiffs have, therefore, been able to make out a prima facie case for making absolute the interim injunction granted in their favor.”

“For the purpose of establishing reputation, the fact that such [plaintiff] web pages displaying the product can be viewed in India is sufficient to show that buyers of chocolate in India or Indians travelling abroad are aware of it and are likely to associate the product under the mark Choclairs with the plaintiffs”, the Court reasoned.

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