Khaitan & Co represented Capital Foods Private Limited in trademark infringement action against Veeba Schezwan Chutney
The leading law firm, Khaitan & Co successfully represented Capital Foods Private Limited (“CFPL”) before the Senior Civil Judge & CJM at South Goa, Margao (“Goa Court”) in securing interim injunctive reliefs in a trademark infringement and passing off suit filed against VRB Consumer Products Pvt Ltd (“Veeba”) to protect CFPL’s rights in its registered trademark SCHEZWAN CHUTNEY.
Since the hearing of CFPL’s interim application was pending for about 3 years, CFPL approached the Hon’ble Bombay High Court through a Writ Petition, and the Court directed the Goa Court to expedite the hearing and decide the injunction application within 8 weeks. Veeba’s primary defences included that the mark SCHEZWAN CHUTNEY was descriptive, not registrable under the Trade Marks Act, 1999, that the registration was invalid, and that the mark is common to trade. After detailed consideration, the Goa Court granted an injunction in favour of CFPL, restraining Veeba from infringing upon CFPL’s registered trademark and passing off its products as those of CFPL. Veeba’s application seeking a stay of the order was refused by the Goa Court.
The Khaitan & Co core team consisted of Nishad Nadkarni (Partner), Aasif Amin Navodia (Principal Associate), Khushboo Jhunjhunwala (Senior Associate), Jaanvi Chopra (Associate), and Rakshita Singh (Associate).
The firm’s role included strategising the litigation, drafting pleadings, and appearances in court.
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