Cadbury India filed the suit against Korean firm Lotte’s India subsidiary claiming that Lotte was passing off goods in violation of Cadbury’s trademark on “Choclairs”.
Lotte injunction
A judge in Delhi’s High Court last week issued an order preventing Lotte from manufacturing, selling, marketing or promoting products that may be similar to Choclairs while the case proceeds.
Lotte has also been prohibited from registering any similar trademarks during this time.
Cadbury to challenge claims
A Cadbury spokesperson told ConfectioneryNews: Cadbury India believes that it has a strong legal position and will challenge and refute all of Lotte India’s claims/allegations in court.
Cadbury had been selling ‘Eclairs’ in India, but rebranded as 'Cadbury Choclairs' in June 2013 to extend the reach of the brand.
The spokesperson said: “Prior to rechristening Cadbury Éclairs to Cadbury Choclairs in India, all the necessary legal due diligence was conducted, including a trademark search. We are therefore confident of our rights to rechristen and sell Choclairs branded products in India.”
Lotte currently sells Lotte Eclairs in India, but Cadbury is concerned that the Korean firm is gearing up to sell and register a trademark for "Choclairs Lotte,” “Lotte Choclairs” or “Parry's Choclairs”.