Delhi High Court Bars Another Company from Using Ching's 'Schezwan Chutney' Mark

In yet another order granting relief to Ching's Secret sauces maker Capital Foods Pvt. Ltd., the Delhi High Court has once again stepped in to protect the company's trademark “Schezwan Chutney.”Earlier this week, on November 3, 2025, the Court had restrained a Uttar Pradesh-based food manufacturer from using the name “Schezwan Tufani Chutney” or any expression deceptively similar to “Schezwan Chutney.” Now, in a second such order within days, the Court has granted an ad-interim injunction against KRS Multipro Pvt. Ltd., a Schezwan sauce manufacturer and seller, restraining it from using the identical mark “Schezwan Chutney.” The latest order was passed on November 7, 2025, by Justice Manmeet Pritam Singh Arora in a suit filed by Capital Foods seeking protection against trademark infringement and passing off. Capital Foods, an associate company of the Tata Group, has been engaged in manufacturing and marketing food products such as sauces, noodles, soups, and ready-to-eat items for over two decades. The company adopted and began using the mark “Schezwan Chutney” in 2012 for a distinctive Indo-Chinese style sauce and dip. The mark was registered in November 2012, and the company also holds copyright registration for its distinctive packaging and trade dress. According to the pleadings, Capital Foods discovered in June 2025 that KRS Multipro was marketing and selling Schezwan sauce using the identical mark “Schezwan Chutney” through its website. Despite receiving a legal notice, KRS Multipro refused to cease using the mark, arguing that the term “Schezwan Chutney” was generic and commonly used in the food industry.Rejecting this contention, the court observed that Capital Foods is the registered proprietor of the “Schezwan Chutney” trademark by virtue of prior adoption and extensive use. It noted that a Division Bench of the Delhi High Court had already recognized the mark as having acquired secondary significance due to Capital Foods' substantial sales and promotional activities.The court held that KRS Multipro's use of the identical mark amounted to dishonest imitation intended to capitalize on Capital Foods' goodwill and reputation. The Court found that such use was likely to deceive consumers into believing that KRS Multipro's products were associated with Capital Foods. Concluding that the Capital Foods had made out a prima facie case for interim protection, the court ruled that continued use of the mark by the defendant would cause irreparable harm and consumer confusion. Accordingly, it restrained KRS Multipro and its associates from manufacturing, selling, or advertising any product using “Schezwan Chutney” or any deceptively similar expression. The matter will next be next heard on April 15, 2026. Case Title: Capital Foods Private Limited v. KRS Multipro Private Limited & Anr.Citation: 2025 LiveLaw (Del) 1467 Case Number: CS(COMM) 1186/2025 For Plaintiff: Advocate Dhruv Anand, Rohil Bansal, Chirayu PrahladClick Here To Read/Download The Order

Delhi High Court Bars Another Company from Using Ching's 'Schezwan Chutney' Mark

Ayushi Shukla

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