Capital Foods files case against Dabur over 'Schezwan Chutney' in Delhi HC

The Delhi High Court has issued a notice to Dabur India in response to a petition filed by Tata Group-owned Capital Foods. The company has accused Dabur of infringing on its registered trademark, ‘Schezwan Chutney’, which it markets under the brand name ‘Ching’s Schezwan Chutney’. Justice Mini Pushkarna has scheduled the case for a hearing in the last week of February, as reported by Bar and Bench.

Dabur India filed a petition in October 2024 seeking the cancellation of the trademark registration for ‘Schezwan Chutney’ from the Trademarks Registry. "The company further contended that Capital Foods also holds copyright for the unique designs of its products and has taken legal action against parties misusing its trademark. Courts have recognised the significance of Schezwan Chutney mark, it claimed."

Capital Foods has argued that consumers associate the term ‘Schezwan Chutney’ directly with its brand, Ching’s, and has raised objections to Dabur using the same name for its product.

The legal dispute was triggered by Dabur's 2024 launch of its Schezwan product line. Capital Foods claims that Dabur’s prominent use of ‘Schezwan Chutney’ on packaging, while minimising its own brand name, misleads consumers into believing the product is linked to or endorsed by Capital Foods.

Dabur has filed a challenge against the registration of the 'Schezwan Chutney' trademark held by Capital Foods, arguing that the term is too generic and descriptive, reflecting the nature and qualities of the product. Dabur claims that the registration could lead to a monopoly over commonly used descriptive terms and was granted without a disclaimer on the exclusive use of such words.

This is not the first time Capital Foods has contested similar cases against other companies selling products under the 'Chutney' label. In the past, when it discovered Radiant Indus Chem was using the same name for the product under its brand 'Mrs. Food Rite' it approached the Delhi High Court.