Delhi HC Grants Temporary Injunction Against 'Milan's Kreamy Toffee' In Amber Nutrition Trademark Dispute

The Delhi High Court has recently granted a temporary restraint on the sale and marketing of confectionery products under the names "Milan's Kreamy Toffee" and "Milan's Kreami Toffee", finding them deceptively similar to Amber Nutrition Private Limited's "Amber Kream Toffee" products.

Justice Tushar Rao Gedela passed the order on May 29. The court held that the products infringed Amber Nutrition's trademark, trade dress and copyrighted artistic work associated with its "Amber Kream Toffee" packaging.

“Merely adding the small letter “i” to the word 'Kream' does not draw any distinction at all to the general public. Moreover, the rear portion of the said packaging also demonstrates infringement of not only the trademark/trade dress, but also the artistic work over which the plaintiff has copyrights,” the Court observed.

Amber Nutrition, an Indore-based confectionery manufacturer, informed the Court that it owns registrations for the trademark "Amber Kream Toffee" and the copyright in the corresponding artistic work and packaging.

The company told the Court that it discovered in 2023 that Neetu Choudhary was marketing a product under the name "Milan's Kreami Toffee". Amber Nutrition alleged that the packaging, colour scheme, typography and overall appearance closely resembled its own product.

Amber Nutrition issued a cease-and-desist notice on May 26, 2023. The Court recorded that, according to the company, Neetu Choudhary admitted using the mark and undertook to discontinue its use after exhausting existing stock.

According to Amber Nutrition, its representatives again found a similar product in April 2026. The product was being marketed as "Milan's Kreamy Toffee".

The company contended that replacing the letter "i" with "y" did not alter the visual, structural or phonetic similarity between the rival products.

After comparing the rival packaging, the Court held that the essential features of Amber Nutrition's trade dress and artistic work had been substantially copied.

“A bare comparison of both the marks clearly brings to fore that the defendant has attempted to be clever by half. In that, the word elements “KREAM/ KREAMY” and “TOFFEE” with identical white-maroon combination; identical placement of product name and font; identical exhibit of individual candy with white center portion on bottom left and coloured crimped edges; identical use of the device of Rainbow; same wave pattern on the top and bottom of the packaging, and the overall commercial impression clearly demonstrate not only deceptive similarity in the trademark, trade dress but also the copyright in the original artistic work whereof subsists in the plaintiff,” the Court held.

The Court also observed that the use of the rainbow device, colour scheme, font and placement of the product name closely mirrored Amber Nutrition's packaging.

Holding that Amber Nutrition had established a prima facie case, the Court granted an ex-parte ad-interim injunction. It restrained Neetu Choudhary and the other defendant from using the impugned marks, labels, logos, artistic works, packaging and trade dress, as well as any other deceptively similar marks.

The Court also directed the defendants to file an affidavit in a sealed cover disclosing sales of products bearing the impugned marks within six weeks of service of the order.

The matter will next be heard on November 3, 2026.