Gems Bond vs James Bond: Delhi HC rules in favour of Cadbury in years-long case
The erstwhile Cadbury had moved the court in 2005 to get an injunction order against the Neeraj Food Products for selling chocolate buttons under the name ‘James Bond’ with similar packaging, layout and arrangement as Cadbury GEMS.
- Jul 28, 2022,
- Updated Jul 28, 2022 1:03 PM IST
“What’s in a name?” said Shakespeare in his famous play Romeo and Juliet. But ask that to two companies trying to grab the attention of children with their chocolate products. In a case that goes back as 2005, the Delhi High Court has finally made its judgement, and has ruled in favour of Mondelez India Foods Pvt Ltd, which was earlier popular as Cadbury.
The court said, "Almost everyone’s childhood is associated with the consumption of the plaintiff’s ‘Cadbury GEMS’/‘GEMS’." It also barred the other company, Neeraj Food Products, from using the name ‘James Bond’ or ‘Gems Bond’, as well as blue packaging on its product.
The erstwhile Cadbury had moved the court in 2005 to get an injunction order against the confectionery manufacturing company for selling chocolate buttons under the name ‘James Bond’ with similar packaging, layout and arrangement as Cadbury GEMS.
Cadbury also stated that they had used advertising for several years under the ‘Gems Bond’ name.
The Delhi High Court bench in its verdict issued an injunction barring Neeraj Food Products from selling chocolate buttons with the “deceptively similar” packaging and imposed a penalty of Rs 15 lakh as cost of litigation to Mondelez within three months.
The verdict by Justice Pratibha M Singh stated that since the product is mostly consumed by small children, the test is not that of absolute confusion. Even the likelihood of confusion is sufficient, it said. It said that the product is sold in small packs, even of Re 1, which might not make the product appear similar to GEMS. It called Neeraj Food Products’ chocolate buttons a “complete knock-off” of Cadbury GEMS.
“What’s in a name?” said Shakespeare in his famous play Romeo and Juliet. But ask that to two companies trying to grab the attention of children with their chocolate products. In a case that goes back as 2005, the Delhi High Court has finally made its judgement, and has ruled in favour of Mondelez India Foods Pvt Ltd, which was earlier popular as Cadbury.
The court said, "Almost everyone’s childhood is associated with the consumption of the plaintiff’s ‘Cadbury GEMS’/‘GEMS’." It also barred the other company, Neeraj Food Products, from using the name ‘James Bond’ or ‘Gems Bond’, as well as blue packaging on its product.
The erstwhile Cadbury had moved the court in 2005 to get an injunction order against the confectionery manufacturing company for selling chocolate buttons under the name ‘James Bond’ with similar packaging, layout and arrangement as Cadbury GEMS.
Cadbury also stated that they had used advertising for several years under the ‘Gems Bond’ name.
The Delhi High Court bench in its verdict issued an injunction barring Neeraj Food Products from selling chocolate buttons with the “deceptively similar” packaging and imposed a penalty of Rs 15 lakh as cost of litigation to Mondelez within three months.
The verdict by Justice Pratibha M Singh stated that since the product is mostly consumed by small children, the test is not that of absolute confusion. Even the likelihood of confusion is sufficient, it said. It said that the product is sold in small packs, even of Re 1, which might not make the product appear similar to GEMS. It called Neeraj Food Products’ chocolate buttons a “complete knock-off” of Cadbury GEMS.