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September, 2006 Pragati Maidan, New Delhi, India |
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Too ‘hot’ to handle…
Delhi HC spikes Nestlé’s claim on `Chilli Garlic`.
Nestle had filed a petition averring violation of intelligence property rights on account of Gopal Agencies for imitation of 200gm models with identical variations of ‘Hot and Sweet’, ‘Chilli Garlic’ and ‘Masala Chilli’. However the Delhi High Court had refused Nestle's exclusive right on ‘Chilli Garlic’.
Judge Mukul Mudgal was quoted saying that since ‘Chilli Garlic’ is descriptive of the content and quality of the product Nestle consequently cannot claim any vested or exclusive rights.
The judgment further pronounced that visual representation of the two products was not likely to mislead the average consumer with average and not sub- average intelligence. However Gopal Agencies agreed to sell its product’s cap without striations similar to the Nestle cap.
The Petitioners council Pratibha M Singh contended that Nestle being a worldwide company had built a enviable reputation and the defendant was resorting to unjust competition and using the petitioners good will to enrich itself.
Date: 19-Nov-2004
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