Sunfeast -Maggi Dispute – No Monopoly on word ‘Magic’, ‘Masala’

ITC Vs Nestle India Limited (Madras High Court) The dispute between the ITC (Plaintiff) and the Nestle India Limited 9 defendant)  in the present suit arises on account of adoption of the expression ‘Magical Masala’ by the defendant for marketing its instant noodles viz.’ Maggixtra -delicious Magical Masala’ in 2013. The plaintiff had earlier introduced Sunfeast Yippee! noodles in two varieties, namely, “Classic Masala” and “Magic Masala” in 2010. The word “Magic” is laudatory. It is incapable of being appropriated by the plaintiff. As such no person can claim any monopoly...