Dabur and Capital Foods Clash Over Trademark for 'Schezwan Chutney'

New Delhi: Dabur India and Capital Foods are locked in a legal battle over the trademark rights for "Schezwan Chutney." Capital Foods, a Tata Group company known for its "Ching’s Schezwan Chutney," has accused Dabur of using the same name, claiming it to be deceptive and a violation of their trademark.  

According to Capital Foods, the company has made significant investments in promoting "Ching's Schezwan Chutney," which has become widely recognized in the market. They allege that Dabur's use of the name misleads consumers into associating the product with Capital Foods. The company also argues that "Schezwan Chutney" has gained distinctiveness and secondary significance, warranting protection under trademark laws.  

Capital Foods claims that Dabur’s packaging emphasizes the words "Schezwan Chutney" in bold while downplaying its own brand name, creating confusion among consumers. They have approached the Delhi High Court, seeking legal intervention to prevent Dabur from using the name.  

Dabur's Argument  

In response, Dabur contends that "Schezwan Chutney" is a generic and descriptive term that refers to the product's type and attributes. The company has filed a petition with the Trademarks Registry to revoke the trademark registration of "Schezwan Chutney," arguing that such generic terms cannot be exclusive to one brand.  

The Delhi High Court has issued a notice to Dabur regarding Capital Foods' petition. The court will hear the matter on February 5 to decide whether Dabur’s actions constitute trademark infringement or whether "Schezwan Chutney" is indeed a generic term.