Mondelez/Cadbury India v. Neeraj Food Products — "Gems" v. "James Bond" Trademark Case
Citation & Court
Mondelez India Foods Pvt. Ltd. (Cadbury India Ltd.) v. Neeraj Food Products, 2022 SCC OnLine Del 2199, Delhi High Court, decided 26 July 2022, in a suit that had run for roughly a decade.
Need help with this?
Filing for your own brand? See our trademark registration service: search, class selection and Form TM-A filing, handled for you. We are a trademark consultant in Ahmedabad working with businesses across Gujarat.
The Dispute
Cadbury is the registered proprietor of "GEMS" for button-shaped chocolates with a colourful candy shell, and had separately promoted the product for years using the phrase "Gems Bond." Neeraj Food Products marketed its own chocolate buttons, in similarly coloured pillow packs, under "JAMES" and "JAMES BOND" — which Cadbury alleged infringed both its trademark and copyright rights and amounted to passing off.
What the Court Held
The Delhi High Court found deceptive similarity between the products, including the packaging and overall get-up, and granted a permanent injunction restraining Neeraj Food Products from using "JAMES," "JAMES BOND," or any deceptively similar mark. The Court also directed compensation of over ₹15 lakh in costs and damages to Cadbury — a significant, recent illustration of the financial exposure a defendant can face after years of continued infringing sales.
How to Use This in Your Reply
Less useful for the similarity analysis itself (which follows familiar composite-mark principles) than for advising a client on commercial risk: this is a strong, recent, quantified example of what prolonged infringement can cost a losing defendant, useful when weighing whether to settle, rebrand, or continue litigating a weak position.
Key takeaway: Courts will award substantial costs and damages for sustained infringement — a live example worth citing when assessing litigation risk, not just liability.
Facing this exact situation in your own filing?
Send us your examination report, opposition notice, or hearing date — we'll tell you how this applies.