A commercial court in Bengaluru recently granted ITC a temporary injunction against CG Foods that manufactures ‘Wai Wai Noodles’. The ex parte temporary injunction restrains CG Foods from packaging its ‘Majedar Masala Noodles’, which is similar to the look of Sunfeast Yippee Magic Masala noodles.
ITC sued CG Foods, asking for permanent injunction alleging that CG Foods "intentionally and dishonestly copied its distinctive packaging, trade dress and artistic work of Sunfeast Yippee Magic Masala by infringe the copyright and to pass off Wai Wai X-Press Noodles Majedar Masala.
A temporary injuction was allowed by the Court, judge says , “convinced about the urgency in the matter and satisfied with regard to the existence of a prima facie case.” And granted injunction till the appearance of the opposing party before the Court.
As of now, CG Foods has not given any response or appeared.
A similar injunction was denied to ITC when they charged the company Nestle for coping of the terms ‘Magical Masala’ on their packaging.