USE OF MARKS CARAMILK AND ECLAIRS -
Lotte India Corporation Ltd –Vs- Cadbury UK Ltd and Anr.
Lotte India Corporation Ltd, Indian subsidiary of Lotte Confectionery of Korea had taken over the ongoing business of Parry Confectionery Ltd, a leading manufacturer of toffees and candies for the last more than 2 decades in the Indian market.
Lotte India had registered the marks LOTTE CARAMILK and LOTTE ECLAIRS. The marks have been extensively used in the market. Cadbury UK Ltd issued a legal notice calling upon Lotte to cease and desist from using the marks CARAMILK, ECLAIRS and device of broken chocolate.
Lotte filed a suit against Cadbury’s UK and Cadbury India in the Hon’ble Madras High Court based on the registration and use of the marks LOTTE CARAMILK, LOTTE ECLAIRS and the fact that device of broken chocolate is used by several toffee manufacturers. An order of exparte interim injunction has been granted by Hon’ble Madras High Court restraining Cadbury’s UK and Cadbury India from directly or indirectly interfering with Lotte’s use of trademarks CARAMILK, ECLAIRS, picture of broken éclairs by issuing letters, circulars, notices, advertisements or otherwise which are unjustifiable, malafide and groundless or in any other manner whatsoever.
The above decision is a landmark order as normally obtaining exparte injunction in groundless threat suits is an uphill task.