Candy World and Co. Ltd.

(hereinafter referred as “Candy World”) is a company based in United

States of Lumerica and registered under appropriate United States of Lumerica Laws in the year of
2005.

trademark “Candy of our shop, taste on top” (Annexure 1). Gindia in March 2006 and received the
registration in Gindia in September, 2006. the domain name www.candyworld.com in the year
December, 2006.

Candy World started its business activities in Gindua in April 2008 by incorporating a company
“Candy World (Gindia) and Co. Ltd.” It established its registered office in Sorivali, Chumbai. It
targeted Northern and Central part of Gindia for its potential market.

However, the company haven’t registered it’s unique design.

“candy of our shop, taste on top” and musical jingle running through television commercials, social
media commercials and print media. They engaged a famous actress Miss Chatrina Chaif and a
famous child dancer, Bunty to endorse the product which cost them heavy expenditure. The “candy
of our shop, taste on top”

In the year of 2016, the registration of trademark “Candy of our shop, taste on top” expired in
Gindia, by oversight, the said registration was not renewed within the time provided by law.

in January, 2017. “@candyworld” on Instagram, candyworld on Facebook, and various other social
media platforms.

In April 2018, Candies World and Co. Pvt. Ltd. (hereinafter referred to as “Candies World”) a
company registered under the Companies Act, 2013, having its registered office in Jhembur,
Chumbai started production and sales of range of fruit candies under the trademark “taste on top,
candies of our stop” (Annexure 2).

In March 2019, Candies World applied for the registration of its said trademark under Trademarks
Act, 1999. In October 2019, Candies World was granted trademark registration certificate for the
trademark and logo “taste on top, candies of our stop” by the competent authority.

litchi candy in litchi shape, orange candy in orange shape, apple candy in apple shape and so on.

Glora Fateh, a famous actress and a child dancer, Chintu, as their brand ambassador, so as to attract
more consumers. Candies World also came up with their website with domain name
www.candiesworld.com so as to be able to export to other countries even. The company was
blooming with profits because of its marketing, packaging and consumer-centric approach.

In January, 2020 Candy world who has signed the employment agreement with the company came
up with a music for their mango candy.

in November, 2020 they decided to extend their sales to Northern part of the country. Candies
World seeing the craze of feels on today’s social media in June, 2021 decided to make music for their
candies and to engage celebrities to make feels on the same. A person gave the company song for
their candies which includes both music and lyrics (Annexure 3) for which the company paid me
huge royalty.
copyright registration ok the music. they filed for copyright registration in September, 2021 in the
competent authority.

In November, 2021 Candy World witnessed a drop in the sales of their candy in Gindia as well as
foreign market. It also received several complaints from the consumers for bad taste of candy. As a
matter of fact, various consumers found alien ingredients in the candy leading to food poisoning
among children.

Various complaints were filed before the District Consumer Forum in Chumbai, having competent
jurisdiction, claiming compensation for the damages suffered due to consumption by the consumers.
Candy World faced a lot of backlash from the general public which resulted in loss of profit and
reputation among the public.

Candies World and Co. Pvt. Ltd. And because of their trademark “taste on top candies of our stop”,
music and marketing techniques.

The reliefs sought by Candy World: A. An injunction to restrain the manufacture and use of
Corporate Name, use of trademark, use of packaging and use of domain name; B. Order for the
delivery of the infringing labels and marks for destruction or erasure; C. Damages for losses suffered,
and intentional damage to the goodwill and reputation of the company;

Candies World has filed for registration of copyright on the music. authority was right in issuing
registration of copyright to the candies World as the music is not of nature as to infringe the rights of
Candy World in any manner.

27. Issues: 1. Whether the suit for infringement of unregistered trademark can be filed or not?

2. Whether the trademark of respondent is infringing the petitioner’s trademark or not?

3. Whether the music of respondent is infringing the rights of petitioner or not?

4. Whether the relief sought by petitioner can be granted or not?

Note: 1. The music of both the companies is similar to each other.

2. The actress Catherina Chaif engaged by Candies World and the actress Glora Fateh engaged by the
Candy World bear resemblance in their physical appearance.

3. The child dancer Chintu engaged by Candies World and the child dancer Bunty engaged by Candy
World bear resemblance in their physical appearance.

4. No virus similar to that of corona virus in nature or substance has ever spread in the countries
mentioned in the moot proposition and there is no adverse impact on economy of these countries
during the time line provided in moot proposition.