New Delhi: The Supreme Court (SC) has dismissed confectionery major Cadbury India's plea to transfer Parle Agro's suit on a trademark row to Delhi High Court to avoid conflicting judgements.
The two companies are fighting over their trademarks in different high courts. Cadbury while seeking transfer of Parle's suit from Bombay High Court to Delhi High Court had sought a declaration that the word 'Fruity' was commonly used in English and Parle cannot claim exclusivity to a completely descriptive term.
Seeking dismissal of the transfer petition, Parle said its suit alleging infringement of its trademark was filed before Bombay High Court prior to Cadbury's Delhi High Court suit seeking injunctive relief.
Parle, in its reply filed through counsel Syed Naqvi, said it was "anxious to preserve, protect and enforce its intellectual property rights in the trademark 'Frooti' which it had been using for more than two decades".