Factual Background:

• The present case is a legal dispute between Madhu Food Products (the appellant) and Surya Processed Food Pvt. Ltd. (the respondent), centering around allegations of trademark infringement, copyright infringement, and passing off.
• The respondent, Surya Processed Food, initiated a lawsuit seeking a permanent injunction to restrain Madhu Food Products from using the trademark "HUNT" or any mark that is deceptively similar to "HUNK," a trademark registered and used by the respondent.
• Surya Processed Food is engaged in manufacturing and marketing a variety of food products and claimed to have registered its trademark "HUNK" for its goods, accompanied by distinctive packaging and trade dress.
• It further claimed that it had been using the trademark extensively and had developed significant goodwill and market presence.
• Madhu Food Products launched a product under the name "CHOCO HUNT" and adopted packaging that the respondent argued was deceptively similar to its own. This led to the filing of the suit.

Issues of the Case:

• Trademark Infringement: Whether the appellant’s use of the trademark "CHOCO HUNT" infringes on the respondent's registered trademark "HUNK," given the visual and phonetic similarities between the two marks.
• Passing Off: Whether the packaging and trade dress used by Madhu Food Products for its product "CHOCO HUNT" were deceptively similar to the trade dress used by Surya Processed Food for its "HUNK" products, thereby creating a likelihood of confusion among consumers.
• Suppression of Material Facts: Whether Surya Processed Food had suppressed material facts, particularly regarding the appellant’s trademark, during its application for an interim injunction.

Contentions of the Parties:

Respondent’s Contentions (Surya Processed Food Pvt. Ltd.):

• Surya Processed Food asserted its prior registration and extensive use of the trademark "HUNK" in connection with its food products.
• It argued that the appellant’s trademark "CHOCO HUNT" was deceptively similar to "HUNK," especially due to the prominent use of the word "HUNT," which could mislead consumers.
• The respondent alleged that Madhu Food Products had deliberately adopted similar packaging and trade dress, particularly the use of brown as a primary color, in an attempt to pass off its products as those of the respondent.
• It contended that the actions of the appellant were aimed at benefiting from the goodwill associated with its trademark and thus sought relief by way of a permanent injunction.

Appellant’s Contentions (Madhu Food Products):

• Madhu Food Products argued that its trademark was "CHOCO HUNT" and not simply "HUNT," and that it had been using this trademark since 2018.
• The appellant contended that there was no likelihood of confusion between the two marks because the words "CHOCO" and "HUNT" were combined in a way that distinguished it from the respondent’s "HUNK" mark.
• The appellant accused the respondent of not conducting a proper trademark search before filing the lawsuit, alleging that the respondent had suppressed material facts.
• Moreover, the appellant maintained that the color brown was a generic choice for packaging in the food industry and could not be monopolized by the respondent.

Issues Dealt with by the Court:

• Trademark Search and Suppression of Facts: The court evaluated whether Surya Processed Food had adequately conducted a trademark search before initiating the lawsuit and whether any material facts were suppressed.
• Similarity in Trade Dress and Packaging: The court had to assess whether the trade dress of the appellant’s "CHOCO HUNT" product was similar enough to the respondent’s "HUNK" products to cause confusion among consumers.
• Prior Use and Registration: The court considered the respondent’s claim of prior use and registration of the trademark "HUNK" and weighed it against the appellant’s assertion of independent use of the "CHOCO HUNT" trademark since 2018.

Reasoning and Final Decision:

• Trademark Search and Suppression of Facts: The court found that the respondent had not suppressed any material facts and that the appellant’s claim of suppression was unfounded.
• Similarity in Trade Dress and Packaging: The court found that the appellant’s use of the trademark "CHOCO HUNT" and its packaging closely resembled the respondent’s "HUNK" products, leading to consumer confusion.
• Prior Use and Registration: The court acknowledged the respondent’s prior use and registration of "HUNK" and concluded that the appellant’s trademark "CHOCO HUNT" was likely to infringe upon the respondent’s rights.

Final Decision:

• The court dismissed the appeal filed by Madhu Food Products and upheld the interim order in favor of Surya Processed Food.
• The court concluded that the similarities between the two trademarks, packaging, and product presentation justified the respondent’s claims for protection under trademark and passing-off laws.

Case Citation: Madhu Food Products Vs Surya Processed Food: 08.08.2024: Madhu Food Products Vs Surya Processed Food: 2024:DHC6118: Delhi High Court: Vibhu Bakhru and Sachin Datta, H.J.

Disclaimer:
The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539