The Delhi High Court, in its hearing on Zydus Wellness vs Delhi Marketing, has granted exclusive rights to use the brand name “SugarLite” to the latter.
During the course of the hearing, it was found out that the Dehi-based Make In India firm was the registered proprietor of the brand name.
This essentially means that from now on Zydus would not be able to use the brand name ‘SugarLite’ with or without any permutation or combination for any of its products.
In 2020, Delhi Marketing had filed a suit against Zydus, for marketing stevia-based sugar under the brand name ‘SugarLite’ before Patiala House District Court. However, at the time, the district judge had refused an interim injunction, despite the Delhi-based firm alleging that Zydus had adopted the brand name ‘SugarLite’ despite complete prior knowledge of the rights belonging to it.
To challenge this interim injunction, Delhi Marketing had approached the Delhi HC division bench, comprising of Justice Manmohan and Justice Saurabh Banerjee.
After hearing the case, the division bench of Delhi HC observed that there was patent illegality in the order of the lead trial court and that not only were the competing marks identical, the respective products allied and, therefore, there was a likelihood of general confusion in the minds of the general public.
The Delhi HC also observed that Zydus Wellness knowingly decided to adopt ‘SugarLite’, an identically similar mark to that of the Delhi Marketing’s registered trademark ‘Sugarlite’, through which the firm markets and sells curd, despite complete knowledge of its existence.