28 July 2022CopyrightSarah Speight

Cadbury Gems maker wins against ‘James Bond’ sweets

Delhi High Court grants injunction against infringer | Judge describes packaging a “complete knock-off”.

‘Cadbury Gems’ manufacturer  Mondelez India Foods, formerly known as Cadbury India, has won a long-running case against the maker of a similar confectionary product called ‘James Bond’.

In a  decision handed down on July 26 in Delhi High Court, Mondelez India secured a permanent injunction barring  Neeraj Food Products from using the ‘James’ and ‘James Bond’ trademarks on its product, whose packaging is described by the court as a “complete knock-off” of Cadbury Gems.

Justice Prathiba M Singh ruled that Neeraj Food cease the sale of its infringing products, and awarded Mondelez costs of almost Rs 16 lakh ($20,000), which includes damages of Rs 10 lakh ($12,500).

James Bond v Gems Bond

The name ‘James Bond’ is a play on ‘Gems’ and ‘Gems Bond’, the latter of which Mondelez India has used in marketing its ‘Gems’-branded products via a young character known as ‘Gems Bond’, a campaign aimed at children.

The plaintiff, which holds trademark registrations for ‘Cadbury’s Gems’ and ‘Gems’, as well as copyright registrations for the artistic works in respect of the ‘Gems Bond’ character, filed a lawsuit against Neeraj Food in 2005 for copyright infringement.

In concluding the case, the court found that Neeraj Food’s chocolate product ‘James Bond’ had used an identical colour scheme, layout, and arrangement as that of ‘Cadbury Gems’ and ‘Gems’ products, including the smaller ‘pillow’ packs on which the trademark may not be fully visible.

“The defendant has conceptualised the impugned product ‘James Bond’ by being inspired by the character…namely ‘Gems Bond, as used by the Plaintiffs for promotion of their ‘Gems’ branded products,” stated the court.

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