The Delhi high court has asked a local company to refrain from selling packaged noodles on a plea by Nestle India Ltd, which contended that the product had striking similarities to its own popular brand Maggie.
In a petition, Nestle had sought to stop the local manufacturer from selling noodles under the Magic brand, saying the packaging and designing of the product was almost like Maggie.
While granting an interim stay, Justice Gita Mittal said, "perusal of trademark, logo and packaging adopted by the defendants (local firm), prima facie shows they have adopted dishonest colourable imitation of trademark of Nestle."
The court-appointed commissioners who conducted raids on the premises of the local firm had found more
than two lakh Magic pouches and six packaging machines.
Nestle had also sought damages to the tune of Rs 2 million from the makers of Magic for alleged infringement of copyright and trademark.
"The distinct and unique visual features of Maggie constitute original artistic work, which is protected under Copyright Act 1957 and it has the exclusive right to use or reproduce the features thereof in any material form," Nestle had said in the petition.
Nestle had also contended the trademark Magic was phonetically and visually 'deceptively similar' to Maggie. Both the packagings have yellow background and overall colour combination of red and yellow.
This was designed to confuse consumers, particularly children and the illiterate, it said.
