New Delhi: Nestle India can use the word ‘YO´ for its instant Maggi Cuppa Mania noodles.
A division bench of the Delhi high court comprising Justice B D Ahmed and Justice Veena Birbal has lifted a stay over Nestle’s popular noodles brand Maggi, which has recently launched Maggi Cuppa Mania instant noodles in two flavours - ‘Masala Yo! and ´Chilly Chow Yo!’.
On 1 July, acting on the complaints of violation of trademark from Moods Hospitality, which runs a popular chain of Chinese restaurant ‘Yo China´, a single member bench of Justice Vipin Sanghi has restrained Nestle from using ‘YO´ saying it would create confusion among consumers.
The division bench also directed Nestle and Moods Hospitality to file their written submission regarding their claims over ‘Yo´ and listed the matter for next hearing on 8 July.
Moods Hospitality, which run 40 restaurants in 15 cities, also sells noodles in four 4 variants in takeaway boxes and home delivery packs called ‘Yo! On the Go´ and ‘Yo! Box´.
The restaurant chain contended that it has copyright for ‘Yo! China´ brand and by putting word ‘Yo´ for its noodles Nestle has tried to mislead its customers.
Agreeing with it, the single member bench had said, ”in view that the use of Mood Hospitality trademark ‘Yo!´ by Nestle is likely to cause confusion amongst the consumers of noodles... For the aforesaid reasons, I allow the application and restrain Nestle in terms of the prayer made in the application till the disposal of the suit,“.
However, during the proceeding senior advocate Sudhir Chandra appearing for Nestle refuted the allegations and submitted that the company is a market leader in noodles with 90% share and it has used the word ‘Yo´ in its product just to appeal the youths.