Diversified business entity ITC has secured a temporary injunction against CG Foods, manufacturer of Wai Wai Noodles, restraining the latter from packaging its 'Majedar Masala' noodles similar to Sunfeast Yippee! Magic Masala noodles.

The ex parte temporary injunction was passed by a commercial court in Bengaluru on Tuesday and will stay till CG Foods appears before the court in the matter.

In a statement to CNBC-TV18, Kolkata-based company said, "ITC has filed a case against CG Foods for copyright infringement and an injunction order has been received."

CG Foods has not shared a statement so far.

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ITC had in its suit sought permanent injunction against CG Foods alleging that the latter had "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."

The judge allowed a temporary injunction stating that she was 'convinced about the urgency in the matter and satisfied with regard to the existence of a prima facie case', adding that the injunction is granted till the 'appearance of the defendant', which means till the time CG Foods appears before the court.

ITC had earlier also charged Nestle with similar allegations over using the term 'Magical Masala' for its Maggi brand of noodles, but the Madras High Court had dismissed the suit last year.

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In the legal battle between ITC and Nestle that spanned nearly seven years, the Madras High Court observed that no one can claim a monopoly over terms like 'Magic', since they are laudatory in nature, and that such terms are commonly used in the foods industry. It is incapable of being monopolised by any trader, the court observed when it passed the order in June 2020.

Trademark experts said companies that have spent a huge amount in building a brand among customers always keep a look out for other products that can create confusion among consumers due to a similar trade dress, which refers to the visual appearance of the product and its packaging.

The instant noodles market is a Rs 6,000 crore category, according to ICICI Securities. Nestle's Maggi is the leader in the market with about 60 percent market share, while ITC's Yippee brand holds 23 percent market share, as per industry estimates. Wai Wai Noodles has a much smaller market share currently.

(Edited by : Jomy)

First Published:Feb 24, 2021 4:06 PM IST