Delhi High Court Restrains UP Company From Infringing Ching's 'Schezwan Chutney' Mark

In a relief for popular Desi Chinese brand Ching's Secret, the Delhi High Court on Monday restrained a UP-based food manufacturing company from using the name 'Schezwan Tufani Chutney' or any expression deceptively similar to 'Schezwan Chutney', a registered trademark of Capital Foods Pvt. Ltd.A single bench of Justice Manmeet Pritam Singh Arora granted an ad-interim injunction, noting that the UP-based company- Damyaa Foods' use of “Schezwan Tufani Chutney” on packaging and online listings was clearly aimed at benefiting from Capital Foods' long-standing goodwill and reputation.Capital Foods, which has been making sauces, noodles, and ready-to-eat products for over 20 years, said it coined the term 'Schezwan Chutney' in 2012 to describe its unique Indian-Chinese fusion flavor. The company also holds a registered trademark and copyright protection for its packaging design. The issue arose when Capital Foods discovered in May 2025 that the UP-based sauce maker was selling products under the name 'Schezwan Tufani Chutney' and promoting them online as 'Schezwan Chutney' on platforms like Amazon, Flipkart, and IndiaMart. A cease-and-desist notice was ignored, prompting the company to approach the court.The court highlighted that Capital Foods has continuously used the 'Schezwan Chutney' mark since 2012. It also cited a 2023 Division Bench ruling in Capital Foods Pvt. Ltd. v. Radiant Indus Chem Pvt. Ltd., which recognized that the mark had gained strong market recognition. After examining the case, the court found that the UP-based sauce maker's use of 'Schezwan Tufani Chutney' and promotion under the term 'Schezwan Chutney' was misleading. It said that the intention was to confuse consumers into thinking the products were associated with Capital Foods. “The Defendant's adoption of an identical and deceptively similar mark, 'SCHEZWAN TUFANI CHUTNEY', and its online promotion under the term 'SCHEZWAN CHUTNEY', is a clear case of dishonest imitation intended to ride upon the Plaintiff's reputation and mislead consumers.”, the court observed. Consequently, the Court ruled that there exists a strong prima facie case in favour of Capital Foods and granted an ad-interim injunction, restraining Damyaa Foods and all persons acting on its behalf from using 'Schezwan Tufani Chutney', 'Schezwan Chutney' or any deceptively similar expression. Case Title: Capital Foods Private Limited v. Damyaa (PJ) Foods Private LimitedCitation: 2025 LiveLaw (Del) 1444 Case Number: CS (COMM) 1165/2025 For the Plaintiff: Advocates Pravin Anand, Rohil Bansal and Chirayu Prahlad Click Here To Read/Download The Order

Delhi High Court Restrains UP Company From Infringing Ching's 'Schezwan Chutney' Mark

Ayushi Shukla

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Delhi High Court Restrains UP Company From Infringing Ching's 'Schezwan Chutney' Mark

Ayushi Shukla

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers