WHY IN NEWS ?
Recently the Delhi High Court has put an end to long pending Trademark infringement disputes related to the famous chocolate product Cadbury Gems and has permanently restrained Neeraj food products from using the mark James or James Bond for its product. The court has also imposed the cost of over 15 lakh rupees on Neeraj Food Products for violating the rights of manufacturers of Cadbury Gems.
WHAT WAS THE CASE?
Mondelez India Foods Private Limited, formally known as Cadbury India Limited, in 2005 had filed suit before the court claimed that Neeraj food product or the defendant has launched a chocolate product under the mark James Bond with an identical color scheme, layout, and arrangement as that of its Cadbury gems or gems products.
DECISION OF COURT
Observing that Gems is one of the most popular and well-recognized chocolate products in India and almost everyone’s childhood is associated with it. Justice Pratibha M Singh in a verdict passed that the entire color scheme of Neeraj Food Products is identical to that of Cadbury’s label and packaging.
The marks are also confusingly and deceptively similar. It was observed, that these products were sold in big as well as smaller packs, as a consequence the mark is not fully visible. While awarding a cost of Rs.15,86,928 which includes damages for Rs.10 lakh in favor of Cadbury the court ordered Neeraj food products to pay the same within 3 months.
WHAT IS TRADEMARK AND ITS INFRINGEMENT?
Trademark has been defined as a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of another. A registered trademark is infringed by a person who, not being a registered proprietor.
An infringement of Trademark as per section 29 of Trademark Act 1999 is defined as a use of Trademark buy an unauthorized or a person who is not registered proprietor which is identical or deceptively similar to the Trademark in relation to the goods or services in respect of which The trademark is registered.
WHAT IS INTELLECTUAL PROPERTY RIGHT?
Intellectual property rights are the rights given to the person over the creation of their Minds, invention, literary, and artistic works in symbols names in images used in commerce that usually give the creator an exclusive ride over the use of the creation of for the certain period of time.
FEW IPRs:
| PRODUCTS | CATEGORIES | STATES/UTs |
| Kashmir Saffron | Agriculture | Jammu and Kashmir |
| Manipur Black Rice | Food Stuff | Manipur |
| Rasgola | Agriculture | Odisha |
| Kandhamal Haldi | Food Stuff | Odisha |
