The Delhi High Court has issued a notice to Dabur India Limited following a plea by Tata-owned Capital Foods, alleging trademark infringement over the term “Schezwan Chutney.” Capital Foods, which markets its product under the brand name “Ching’s Schezwan Chutney,” has claimed that Dabur’s use of the term “Schezwan” in its product line launched in 2024 misleads consumers and infringes on its registered trademark.
The legal dispute began after Dabur launched its “Schezwan 2024” product range, prompting Capital Foods to file a lawsuit. The company alleges that Dabur’s packaging prominently displays the term “Schezwan Chutney” in large font while downplaying its own branding, potentially confusing consumers into associating the product with Ching’s Schezwan Chutney.
Capital Foods contends that it has invested significant resources in promoting and protecting the trademark, which it claims has gained widespread recognition. The company also asserts ownership of the copyright for its product’s unique design and has taken legal action to safeguard its intellectual property rights.
On the other hand, Dabur has challenged the validity of Capital Foods’ trademark registration, arguing that “Schezwan Chutney” is a generic and descriptive term that denotes the type, quality, and characteristics of the product. Dabur has claimed that allowing exclusive rights to such a term creates a monopoly over common words and that the registration lacks disclaimers acknowledging the generic nature of the phrase.
The matter has been scheduled for a hearing in late February, while a related plea by Dabur to cancel the trademark registration of “Schezwan Chutney” will be heard on February 5.
This case highlights the increasing competition in the FMCG sector, where intellectual property disputes over branding and trademarks are becoming more common as companies vie for dominance in growing product categories.