The order also means that consumer goods giant Zydus Wellness will now not be able to use the brand name ‘SugarLite’ for any of its products as it had been using till date
The well-known brand ‘SugarLite’ may now no longer be available for usage under the ambit of consumer goods giant Zydus Wellness. As per the Delhi High Court order, a Make in India dairy products company, Delhi Marketing has now been given the exclusive rights to use the brand name ‘SUGARLITE.’
The matter was heard by a Division bench comprising of Justice Manmohan and Justice Saurabh Banerjee. With the verdict, Delhi Marketing now has exclusive rights to use ‘SUGARLITE’ through which, the company markets and sells curd (dahi).
The order also means that consumer goods giant Zydus Wellness will now not be able to use the brand name ‘SugarLite’ for any of its products as it had been using till date. As per the official release, the Division Bench of the Delhi High Court also observed that this case also needed interference by the appellate court due to patent illegality in the order of the Ld. Trial Court.
Among the several observations made by the court in the Zydus Wellness vs Delhi Marketing case, it was also observed that not only the competing marks were identical; the respective products were also allied. Hence, there was a likelihood of confusion in the minds of general public.
The verdict reads, “The facts reveal that, admittedly, appellant is the recorded registered proprietor of the valid and subsisting trademark “SUGARLITE‟ in Class 29 and the respondent, despite knowledge thereof, instead of challenging the same approached its predecessor in April 2018 for negotiations and thereafter upon failure of talks, filed an application for registration of the impugned mark “SugarLite‟ in Class 30 to which the appellant filed prepublication objections.”