Delhi High Court Temporarily Restrains Patson Foods From Using Ching's Secret's 'Schezwan Chutney' Mark

The Delhi High Court on 25 August temporarily restrained Patson Foods (India) Private Limited from selling or marketing its “Rasanand Schezwan Chutney” product, after noting that the company had gone back on its written undertaking to stop using Capital Foods Private Limited's registered trademark “Schezwan Chutney”.

Justice Jyoti Singh held that Capital Foods, the company behind the Ching's Secret brand, had established a prima facie case of trademark infringement and passing off. The Bench observed:

“Defendants have dishonestly adopted a mark, which is identical and not merely deceptively similar to the registered mark of Plaintiff in relation to identical goods and use of the mark Rasanand in smaller font is insufficient to distinguish the rival products.”

Capital Foods, now part of Tata Consumer Products, claimed to have coined the term “Schezwan Chutney” in 2012 for its hot and spicy sauce. It holds a registered trademark for the wordmark since November 2012, along with a copyright registration over the artwork on its product packaging.

Counsel for Capital Foods submitted that the mark “Schezwan Chutney” was being used identically, and not merely deceptively similarly, on the defendants' packaging. It was further submitted that the house mark “Rasanand” appeared in a noticeably smaller font, suggesting an intent to trade upon Capital Foods' goodwill rather than build a distinct identity.

The Court also relied on the defendants' prior admission of Capital Foods' proprietary rights in the mark and their undertaking to cease its use. Despite the undertaking, the defendants continued to use the mark. It observed:

“Defendant No. 1 expressly acknowledged the proprietary right of the Plaintiff in the mark and undertook to cease its use, but contrary thereto is continuing to use the mark. The intent is to represent to the public that Defendants' product has an association with the Plaintiff and thereby pass off their goods for unlawful monetary gains.”

Finding that the balance of convenience favoured Capital Foods and that it would suffer irreparable harm without urgent protection, the Bench granted the interim injunction.

Accordingly, the High Court restrained Patson Foods, its associate company and anyone acting on their behalf from selling, marketing or offering for sale any product under the mark “Rasanand Schezwan Chutney” or any other mark identical or deceptively similar to “Schezwan Chutney” until the next date of hearing.

The matter is next listed for hearing in January 2027.