The Delhi High Court recently recorded a settlement by mutual consent between two confectionary giants - Mars and Cadbury - in a 25-year old trademark dispute over ‘Celebrations’ chocolate [Mars Incorporated v. Cadbury (India) Ltd & Ors]. .Justice Sanjeev Narula noted while bringing the proceedings to a conclusion,"For nearly twenty-five years, two titans of the confectionery world – Mars and Cadbury – have stood before this Court, locked in contest over the trademark “CELEBRATIONS”. An expression of happiness and festivity, became the epicentre of legal contest, its cheerful ring turning into a matter of serious deliberation for decades, winding through pleadings, affidavits, and hearings. Today, that long journey finds its conclusion. The curtains are drawn at last, not in discord, but in harmony.".The parties volunteered to distribute an assortment of chocolates and confectionaries worth ₹5 lakh each to children studying in Delhi’s government schools. “In the spirit of approaching festival of Diwali, a season of light, sharing, and renewal, both Mars and Cadbury voluntarily undertook to distribute assortments of their confectionery products valued at five lakhs each to schoolchildren across Delhi. This act, they submitted, would symbolise goodwill, community, and the joy of giving, a spirit that transcends commercial rivalry,” the Court observed. .The distribution shall be conducted under the supervision of the Directorate of Education and Delhi State Legal Services Authority (DSLSA). The Court also directed them to coordinate on logistics to ensure equitable allocation among schools.In case of schools having an internal policy against distribution of high-sugar or high-fat food, the Court has directed the parties to offer nutritionally balanced alternatives. “This safeguard preserves both the spirit of generosity embodied in the parties’ gesture and the equally important aim of promoting healthy habits among schoolchildren,” the Court stated..The Court recorded its appreciation for this gesture noting that even in fiercely competitive industries, corporate rivalry need not eclipse social responsibility.“True celebration lies not in triumph over another, but in generosity towards other,” the Court stated. The Court lauded the parties for adopting a public-spirited gesture before Diwali for schoolchildren bringing a human dimension to the fore.“The suit stands resolved by mutual consent, bringing to a close a litigation that has engaged judicial time for almost a quarter of a century. The Court views this closure with satisfaction; it is a reminder that even the most protracted disputes can find resolution when goodwill prevails,” the Court stated as it closed the matter..Advocates Pravin Anand, Vaishali Mittal, Siddhant Chamola and Shivam Sharma appeared for Mars.Advocate Nancy Roy appeared for Cadbury. .[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
