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The Delhi High Court has brought to a close a trademark infringement lawsuit filed by Nestlé SA, the parent company of the popular instant noodle brand Maggi, after the FMCG major reached an out-of-court settlement with the defendant.
Nestlé SA had filed the suit against Shankeshwar Utensils & Appliances Private Limited, which was manufacturing and marketing utensils under the brand name ‘Maggisun’ — a name Nestlé claimed was deceptively similar to its registered trademark ‘Maggi’, as per a report by livemint.
The High Court, presided over by Justice Tejas Karia, issued its final order on 22 September, decreeing the matter in line with the settlement terms agreed between the parties.
“The suit is decreed in terms of the settlement arrived at between the parties as recorded above. Let the decree sheet be drawn up accordingly. The parties are directed to be bound by the terms of the settlement,” the order stated.
“The suit and the pending application(s) stand disposed of,” it added. The case was originally filed in 2018 by Société des Produits Nestlé SA, the official corporate name of Nestlé.
Settlement terms
Under the settlement agreement, Shankeshwar Utensils & Appliances acknowledged Nestlé as the rightful proprietor of the ‘Maggi’ trademark and undertook not to manufacture, sell, or advertise any goods under the name ‘Maggisun’ or any mark identical or similar to ‘Maggi’.
“The Defendant undertakes not to manufacture, sell, offer for sale, advertise, directly or indirectly deal in pressure cookers or any goods/services under the trade mark Maggisun or any other trade mark identical or similar to the Plaintiffs’ trade mark Maggi,” the court noted in its order.
The defendant also committed to destroy all goods, including pressure cookers, stickers, and labels bearing the infringing mark, and to provide photographic proof of their destruction to Nestlé within two weeks. Additionally, the company agreed to withdraw its trademark registration for Maggisun.
Following this undertaking, Nestlé agreed not to pursue further reliefs in the case, provided that the decree was issued in accordance with the settlement terms.
The judgment formally ends the seven-year-old legal dispute, reinforcing the FMCG giant’s consistent stance on protecting its brand identity and intellectual property from imitation.
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