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Case Law Details

Case Name : ITC Vs Nestle India Limited (Madras High Court)
Appeal Number : C.S. No. 231 of 2013
Date of Judgement/Order : 10/06/2020
Related Assessment Year :
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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.

Monopoly cannot be claimed on Words being Common to Trade

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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