Cadila Health care, a market leader in sugar substitute business, has dragged Dabur India for use of its 'Sugar Free' trademark in a health supplement manufactured by the rival.In its suit filed through advocate Pratibha Maninder Singh, Cadila has sought damages to the tune of Rs 25 lakh from Dabur for using its trademark in the 'Sugar Free Chyawanprakash'.Justice B D Ahmed issued notice to Dabur on Cadila's suit seeking an order restraining the former from using the 'Sugar Free' trademark or any other mark that is identical or deceptively similar to it.Contending that Cadila is the proprietor of the 'Sugar Free' trademark since 1988, Singh said that from the packaging of Dabur's product 'Sugar Free Chyawanprakash', it appears that the mark 'Sugar Free' was emphasised and written in big sized fonts.Cadila alleged that Dabur has tried to capitalise upon the reputation and goodwill of Cadila's trademark 'Sugar Free' by using the same words prominently on the packaging of its product 'Chyawanprakash'.Cadila, which has 74% of total market share of sugar substitute, contended that such use of its mark by Dabur would create confusion in the minds of the public at large that Dabur's product is having some connection with it as "Sugar Free" has come to be denoted and identified as Cadila's products only.
