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Case Note: Cadbury Gems V. James Bond




Ridhi Jindal, Government Mohindra College, Patiala

NAME OF THE CASE

MONDELEZ INDIA FOODS PVT. LTD. AND ANR. v. NEERAJ FOOD PRODUCTS CS (COMM) 393/2018

CASE SUMMARY

In the case of MONDELEZ INDIA FOODS PVT. LTD. AND ANR. v. NEERAJ FOOD PRODUCTS, Delhi High Court issued a permanent and coercive order in favor of the plaintiff to prevent the defendant from infringing her Cadbury's 'GEMS' trademark by using the seemingly similar 'JAMES BOND' trademark or copyright, granted an injunction and damages.

LEGAL CONTEXT

According to Cadbury’s famous “GEMS BOND” character, the Court has raised the issue of deceptive similarity, specifically “Defendants have different marks/labels and Defendant- Plaintiffs have seemingly similar marks/labels” was addressed. Given the existing precedent regarding issues of trade dress, trademark and copyright infringement, and deceptive similarity.

The relevant law that has been applied is Section 11(1) of the Indian Trademarks Act, 1999 (the ``Act'') which states that the word/mark applied for in a mark It establishes relative grounds for refusal of being identical or similar. Registration for the same/similar goods or services and for different goods or services will not be accepted as a mark.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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