The Delhi High Court has granted an interim injunction restraining a Uttar Pradesh-based company, Damyaa Foods, from manufacturing or selling products under the name “Schezwan Tufani Chutney,” ruling that it infringes upon the registered trademark “Schezwan Chutney” owned by Capital Foods Pvt. Ltd., the makers of the popular Ching’s Secret range of products.
Justice Manmeet Pritam Singh Arora, presiding over the case, observed that Capital Foods has been using the “Schezwan Chutney” mark since 2012 and holds valid trademark and copyright registrations for both the name and the distinctive packaging design. The Court found that the defendant’s use of the label “Schezwan Tufani Chutney,” as well as the marketing of the product under similar trade dress, amounted to deliberate imitation aimed at exploiting the plaintiff’s established market reputation.
The dispute arose when Capital Foods discovered in May 2025 that Damyaa Foods was promoting and selling a similar product online through e-commerce platforms such as Amazon, Flipkart, and IndiaMART using the “Schezwan Chutney” term. Despite receiving a legal notice from Capital Foods, the company continued its activities, prompting the filing of the suit.
In her order, Justice Arora held that the defendant’s actions were not a case of fair competition but rather a calculated attempt to mislead consumers and ride on the goodwill associated with Ching’s Secret’s “Schezwan Chutney.” The judge noted that such use created a likelihood of confusion in the minds of customers regarding the product’s origin.
Accordingly, the Court issued an injunction restraining Damyaa Foods, its associates, and distributors from producing, marketing, or selling any product bearing the term “Schezwan Tufani Chutney” or any mark deceptively similar to “Schezwan Chutney.”
The ruling reinforces the judiciary’s consistent stance that established trademarks must be safeguarded against deceptive use, particularly in the food and FMCG sector, where brand recognition and packaging play a crucial role in influencing consumer choices. It also highlights that even descriptive-sounding terms can gain distinctiveness when associated with a particular brand over time, thereby deserving strong legal protection.
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