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This is an archive article published on June 7, 2008

‘Yo’ not for Maggie, says Delhi HC

Packaged food maker Nestle India’s ambitious cup noodles brand “Maggi Cuppa Mania” has hit a roadblock with the Delhi High Court...

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Packaged food maker Nestle India’s ambitious cup noodles brand “Maggi Cuppa Mania” has hit a roadblock with the Delhi High Court restraining it from manufacturing, selling and advertising the instant noodles by using the mark “Yo”.

“Till further orders, Nestle, its officers, agents and representatives are restrained from manufacturing, marketing, selling and advertising its product, instant noodles by using the mark “Yo” or any other mark deceptively similar to that of the plaintiffs, either independently or in conjunction with any other logo, mark or letters,” said Justice Hima Kohli.

The court’s injunction order came recently in the wake of a petition by Moods Hospitality Private Ltd, which runs the countrywide fast food chain by the name of “Yo China”. Yo China had averred that Nestle’s use of the term “Yo” for specifying its noodles’ two flavours was lifted from its product called “Yo! On the Go” and hence, an infringement of its copyright.

According to Yo China, Nestle was also trying to pass off its product as theirs by taking advantage of the confusion created in the minds of public because of the usage of similar terms. The court observed that in fact the two companies were tbusiness rivals, being in the same line of packed noodles.

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