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Journalism of Courage
Cadbury India Ltd,the domestic arm of US confectionery major Kraft Foods Inc,has secured a relief from the Delhi High Court which restrained a local garment manufacturer from promoting its apparel under the phonetically identical trademark 8216;Cadbeery8217;.
Kraft Foods promoted Cadbury UK Ltd and its Indian subsidiary had moved the High Court accusing nondescript entity Lodha Garments of adopting a deceptively identical name to promote its product.
Justice Manmohan Singh passed an ex-parte interim order in favour of the chocolate major holding that it has prima facie made out a case that its reputation was being used by the Delhi-based firm to pass off their goods as those of the international brand.
8220;The plaintiff Cadbury UK Ltd prima facie have been able to make out a strong case for the grant of an ex-parte interim injunction restriction in their favour,Hence,till the next date of hearing,the defendant Lodha Garments are restrained from using the trademark 8216;Cadbeery8217; or any other mark similar to the plaintiffs8217; trademark 8216;Cadbury8217;,8221; the judge said.
8220;The trademark law is not intended to protect a person who deliberately sets out to take the benefit of somebody else8217;s reputation with reference to goods,especially so when the reputation extends worldwide,8221; the judge observed.
The chocolate manufacturer had sought court8217;s order to restrain Lodha Garments from using 8216;Cadbeery8217; as trademark for jeans,trousers,shirts and pants.
Cadbury has also sought imposition of 8220;punitive and exemplary damages8221; of Rs 20 lakh on the garment manufacturer.
It alleged Lodha Garments was trying to mislead consumers as the trademark used by the garment manufacturer sounded similar and the font used was also the same.
Cadbury sought a permanent restriction on the garment manufacturer from using the trademark saying it was 8220;blatant misuse8221; of its trademark.
