Cadbury–Lotte CHOCLAIRS Dispute: Madras High Court Frames Trademark Trial Issues
Court category: High Court
Court / details: Madras High Court, Principal Seat
Location: Chennai, Tamil Nadu
The Madras High Court framed issues on trademark ownership, rights in a composite mark, non-use and passing off in the CHOCLAIRS dispute.
The Madras High Court framed issues on trademark ownership, rights in a composite mark, non-use and passing off in the CHOCLAIRS dispute.
Case reference — Cadbury UK Limited v. Lotte India Corporation Ltd. and another, O.P.(TM) No. 8 of 2025 with C.S. No. 372 of 2013, 15 October 2026, Justice P.B. Balaji
What the Court did on 15 October
The Court framed twelve common issues for the connected trademark petition and suit. The order set the questions for trial, including territorial jurisdiction and whether the party asserting rights had lawful title when the suit began.
Which trademark questions remain for trial
The issues include whether a composite device registration gives exclusive rights over CHOCLAIRS alone and whether use of a variant counts as use of the registered device. The Court also framed questions on non-use under Section 47, rectification under Section 57(2), prior adoption, transborder reputation and passing off.
Why the distinction matters
A trademark registration, evidence of use and rights in an individual word are distinct issues. The order records what the parties must prove and contains no final finding on ownership, validity or infringement.
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