Calcutta High Court Bans ‘KIT KAT’ Use by Local Firm After Nestle Wins Permanent Injunction

The Calcutta High Court has permanently restrained KIT KAT Food Products, now operating as Keka Food Products, and related parties from using the trademark “KIT KAT” or any deceptively similar mark. The order came after Nestle, the Swiss food and beverage company, alleged that the local firm continued to infringe on its trademark despite an earlier injunction.

Justice Ananya Bandyopadhyay, in a July 24 order, observed that any commercial use of the trademark “KIT KAT” by the judgment debtors or their associates would constitute a fresh breach of the decree and a violation of undertakings recorded by them. The court directed that the defendants, their partners, proprietors, successors, assigns, servants, agents, representatives, and all persons claiming through or under them are permanently restrained from manufacturing, processing, packaging, advertising, distributing, selling, offering for sale, or dealing in any goods bearing the trademark “KIT KAT” or any mark, label, trade dress, artistic work, or commercial representation identical with or deceptively similar to it.

Nestle had earlier obtained an interim injunction against KIT KAT Food Products, alleging that the local firm was using the “KIT KAT” mark for its chanchur (a spicy snack) products. Despite the injunction, Nestle claimed that the defendant continued manufacturing, marketing, and selling the products under the same mark, prompting the company to seek a permanent injunction.

The court’s decision underscores the protection of intellectual property rights in India, particularly for well-known global trademarks. The order prevents the local firm from using the “KIT KAT” mark in any form, including in trade dress or artistic works, and extends to all parties acting in concert with the defendants.