Monopoly cannot be claimed on Words being Common to Trade

FACTS

In the present case, M/s. ITC Limited (Plaintiff) is a well-known company and had successfully diversified into Fast Moving Consume Goods Sector in the year 2010. In the same year, the Plaintiff has launched Sunfeast Yipee! Noodles in two variants, one of them being namely ‘Magic Masala’.

According to the Plaintiff this variant forms a predominant feature of the Plaintiff’s composite trademark Sunfeast Yippie! noddles Magic Masala. Further, due to the superior quality , instant noodle having the expression Magic Masala enjoyed reputation giving huge turnover and success to the Plaintiff.

Nestle India Limited (hereinafter referred to as “the Defendant”) is a pioneer in the instant noodles and had introduced 2-Minutes Maggi Noodles in India in the early 80’s. It has introduced several variants during the course of time and in 2013, it introduced another variant, viz. Maggixtra -delicious Magical Masala.

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