Trade mark dispute: Whether the word ‘Magic Masala’ is distinctive or descriptive?
Nestle and ITC spat over Magical Masala noodles RNA, Intellectual Property Attorneys India June 2 2015 Nestle and ITC jostled over use of the term 'Magical Masala' at Chennai High Court. ITC Limited (ITC) sued Nestle India Limited (Nestle) based on their prior rights in the mark MAGIC MASALA for Noodles. ITC sought an injunction to restrain Nestle from passing off their noodles by use of the mark MAGICAL MASALA or any mark similar to ITC's mark MAGIC MASALA. ITC in their suit contended that: They are one of India’s foremost Private Sector Companies and rated among India's top500 largest Corporations by Fortune Magazine during two consecutive years 2010 and 2011, and among Asia's 'Fab 50' by Forbes Magazine in 2012. Their branded packaged foods business is one of the fastest growing businesses in India and their popular brands include - Aashirvaad, Sunfeast, Bingo!, Kitchens of India, Mint-O, Candyman, Yippee!, etc. In 2010, they...