DIT Foods India wins the case against Cadila

DIT Foods India recently received a favourable verdict in a case instituted by Cadila Health Care Ltd seeking an injunction restraining DI'T Foods from using the words 'Sugar Free' to describe its products. Cadila claimed the words 'Sugar Free' to be their trademark but Justice Bandar Durez Ahmed dismissed the application holding that:

Considering the manner in which the expression "Sugar Free" has been used by the defendant in the packaging in respect of its products, there does not appear to be any possibility whatsoever of a consumer being misled into believing that the plaintiff's product has been used as an ingredient in the preparation of the defendant's product-"Cookies". Consequently, there is no possibility of consumers being misled into purchasing the defendant's product thinking that it is in some way connected with the plaintiff. The expression "Sugar Free" has been used entirely as a catchy legend and in a descriptive sense and not as a brand name or a trademark...

...The result of the foregoing discussion is that the plaintiff is not entitled to an interim injunction under Order 39 Rules 1 and 2, CPC. The order dated 05.02.2008 is vacated. This application is dismissed with costs which are quantified at Rs 50,000/-.

Cadila challenged the above order dated 09.07.2008 in Appeal titled as Cadila Healthcare Ltd. v. DI'T Foods (India), FAO (OS) 385/2008. The said Appeal was admitted by the Hon'ble Division Bench; however no interim orders were passed in favour of Cadila.