'Schezwan chutney' starts legal showdown between Dabur and Capital Foods

On January 10, Dabur India received a notice from the Delhi High Court after Capital Foods, part of the Tata Group, filed a legal case regarding the use of the name 'Schezwan Chutney'. Dabur sells this product under the label Ching’s Schezwan Chutney.

A report by Bar and Bench says, The dispute began from Dabur launching its own product called 'Schezwan Chutney' in 2024. Back in October 2024, Dabur asked the Trademarks Registry to cancel the registration of 'Schezwan Chutney' as a trademark. The case is now set to be heard on February 5.

Capital Foods claims it has spent heavily on promoting Ching’s Schezwan Chutney, which has led to strong sales and widespread recognition. The company alleges that Dabur’s use of the same name misleads customers and infringes on its trademark. Capital Foods argues that 'Schezwan Chutney' has become well-known and strongly associated with its brand, and it has asked the court to stop Dabur from using the term.

The company also accuses Dabur of confusing buyers with its packaging. According to Capital Foods, Dabur uses bold lettering to highlight 'Schezwan Chutney' while keeping its own brand name less noticeable. This, it claims, could trick people into thinking Dabur’s product is linked to or approved by Capital Foods.

Dabur has argued that 'Schezwan Chutney' is a common and descriptive term. The company believes the name refers to the type and quality of the product and should not be allowed as a trademark. It has also submitted a petition to cancel the trademark registration, insisting that 'Schezwan Chutney' is a generic term that cannot be owned by any single company.

The Delhi High Court will now decide whether Dabur’s actions amount to trademark infringement. The court will examine if “Schezwan Chutney” can be considered a distinctive name deserving of trademark protection, or if it is simply a descriptive term that any company can use.