Dabur and Capital Foods lock horns over trademark for 'Schezwan Chutney'

New Delhi: On January 10, Dabur India received a notice from the Delhi High Court in response to a petition filed by Capital Foods, a Tata Group company, concerning the use of the registered name "Schezwan Chutney," which Dabur markets under the label "Ching's Schezwan Chutney."

Dabur submitted a petition to the Trademarks Registry in October 2024 to revoke "Schezwan Chutney's" registration. A hearing on the matter is scheduled for February 5.

According to Capital Foods, it has made large investments in branding and marketing "Ching's Schezwan Chutney," which has led to a notable increase in sales and market recognition. Dabur's usage of the same name for its product, according to the firm, is deceptive and violates trademarks. Capital Foods claims that the "Schezwan Chutney" moniker has gained secondary significance and distinctiveness in the market, and has sought judicial intervention to stop Dabur from using it.

Capital Foods claims that Dabur's packaging misleads consumers into thinking that the product is endorsed by or linked with Capital Foods by emphasising "Schezwan Chutney" in bold type while downplaying its own brand name. Capital Foods said that this was an intellectual property infringement.

Dabur contended in its opposition to the registration of "Schezwan Chutney" that the mark is extremely general and descriptive, describing the type, calibre, and attributes of the goods marketed under that name.

In response to Capital Foods' appeal, the Delhi High Court has sent a notice to Dabur India and to decide whether Dabur's acts amount to trademark infringement or not, the court will consider the case's merits. 

On the other hand, Dabur has maintained that "Schezwan Chutney" is descriptive and undifferentiated. The business argues that the name should not be regarded as a trademark because it just denotes the nature and attributes of the product. A petition to revoke the trademark registration of "Schezwan Chutney," which Dabur claims is a generic phrase, has also been submitted.