Capital Foods Private Limited v. Damyaa (Pj) Foods Private Limited
Case brief
What is this about?
Delhi High Court, CS(COMM) 1165/2025, Justice Jyoti Singh, 15.05.2026. Capital Foods Pvt Ltd v Damyaa (PJ) Foods Pvt Ltd — trademark infringement and passing off dispute over SCHEZWAN CHUTNEY vs SCHEZWAN TUFANI CHUTNEY/SZECHWAN HOT & SPICY CHUTNEY settled consensually; settlement recorded under Order XXIII Rule 3 r/w Section 151 CPC; defendant acknowledges plaintiff's ownership of SCHEZWAN CHUTNEY (Regn. 2431851) and packaging artwork, undertakes non-use and non-registration of deceptively similar marks, takedown of listings (2 weeks for third-party platforms); suit decreed per prayers 72(a)(b)(c) (permanent injunction — infringement, passing off, dilution/tarnishment); accounts/damages/costs not pressed; no admission of willful infringement; court fees refunded per Court Fees Act, 1870; suit and pending applications disposed.
What did the court decide?
Suit decreed in terms of prayer paragraphs 72(a), (b) and (c) of the Plaint (permanent injunctions restraining the Defendant from dealing in products/services bearing SCHEZWAN TUFANI CHUTNEY and/or SCHEZWAN CHUTNEY or deceptively similar marks, amounting to infringement of registered mark no. 2431851, passing off, and dilution/tarnishment of the Plaintiff's mark) read with the terms of settlement, which form part of the decree; Plaintiff held entitled to refund of entire court fees under the Court Fees Act, 1870; Registry directed to draw up the decree sheet; suit disposed of along with pending applications.