PepsiCo settles dispute on Kurkure out of court

Jagdamba Foods acknowledges PepsiCo's rights in the mark Kurkure, undertakes not to use similar marks

Food and beverages major PepsiCo has settled a trade mark dispute with Jagdamba Foods related to its trade mark Kurkure, used for its crunchy snack brand. The companies were fighting the dispute in the Delhi High Court and has settled the matter out of court, under which Jagdamba Foods acknowledged PepsiCo's trade mark and gave an undertaking not to use a similar marks.

According to the settlement, Jagdamba Foods has acknowledged PepsiCo's rights in the mark Kurkure and undertook not to use the mark. It has also given an undertaking that it would not use the marks under challenge, which are "Kurmure" and "Saral Kurmure" in any manner and to pay a sum of Rs 20,000 to one of the petitioners.

The parties agreed that in case of any breach of settlement on the part of the defendants, the plaintiffs shall be entitled to claim damages from them to the tune of Rs 20 lakh.

"As counsels for the plaintiff and the defendants jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the application," said Justice Hima Kohli, of Delhi High Court in an order issued in December.

Launched in 1999, Kurkure is a 'namkeen' (salty) snack, developed entirely in India. The company has been adding regional flavours and is considered as one of the major brand in the Indian snack industry.