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News article11 August 20221 min read

Delhi High Court Rules in Favour of Renowned Brand Cadbury in Long-Lasting Trademark Infringement Case

Cadbury vs Gems Bond

The Delhi High Court has given closure to a long-pending trademark infringement suit between British brand Cadbury as the plaintiff and Indian company Neeraj Food products as defendants. The plaintiffs claimed the defendant was making use of a very similar packaging of renowned Cadbury product "Cadbury Gems".

In addition, Cadbury took issue with the defendant marketing its product as 'James Bond' – a wording Cadbury alleged was too similar to their 'Gems Bond' character used in a previous ad campaign and hence taking unfair advantage of the plaintiff’s reputation. According to Cadbury, this would also likely confuse consumers. After a years-long legal battle, the Delhi High Court's ruling now awards damages of 20.000 EUR in favour of Cadbury.

In his verdict, Justice Prathiba M Singh concluded that even the likelihood of confusion is sufficient and no absolute confusion needs to be proven for an infringement ruling. The case sets a landmark for interpreting the likelihood of confusion in trademark infringement cases, and is reassuring trademark owners in India by equipping them with a solid precedent for the protection of their brands.



Publication date
11 August 2022