Delhi High Court Ends 25-Year Mars v. Cadbury Trademark Dispute, Orders Them To Distribute Sweet To Schoolchildren On Diwali
The Delhi High Court has ended the 25 year long battle between Mars and Cadbury over infringement of “Celebrations” trademark, followed by mutual settlement between the two confectionery companies.
Bringing a sweet truce to the issue, Justice Sanjeev Narula directed both the companies to distribute sealed units of their respective confectionery assortments like chocolates, cookies etc to schoolchildren enrolled in government and government-aided schools in the national capital.
This was after both Mars and Cadbury undertook to distribute assortments of their confectionery products on the occasion of Diwali, contending that the same would symbolise goodwill, community and joy of giving, a spirit that transcends commercial rivalry.
“The Court records its appreciation for this gesture, which reflects that even in fiercely competitive industries, corporate rivalry need not eclipse social responsibility. True celebration lies not in triumph over another, but in generosity towards others,” the Court said.
The judge decreed the suit filed by Mars in 2018 against Cadbury. On October 10, a joint application was filed by the parties seeking decree in terms of the mutual settlement between them.
Mars agreed to withdraw the Opposition and Rectification proceedings filed by it against Cadbury's application for the mark CELEBRATIONS before the Trade Marks Registry.
Decreeing the suit, the Court observed that for nearly twenty-five years, “two titans” of the confectionery world- Mars and Cadbury, stood before the Court, locked in contest over the trademark “CELEBRATIONS”.
The Court said that the expression “Celebrations”, which is an expression of happiness and festivity, became the epicentre of legal contest and its cheerful ring turned into a matter of serious deliberation for decades, winding through pleadings, affidavits, and hearings.
“Today, that long journey finds its conclusion. The curtains are drawn at last, not in discord, but in harmony. The suit stands resolved by mutual consent, bringing to a close a litigation that has engaged judicial time for almost a quarter of a century. The Court views this closure with satisfaction; it is a reminder that even the most protracted disputes can find resolution when goodwill prevails,” the Court said.
It directed the companies to distribute the confectionery products preferably before Diwali, under the supervision of Delhi Government's Directorate of Education and the Delhi State Legal Services Authority (DSLSA).
The Court also ordered that all the products shall conform to applicable FSSAI standards, must be within their shelf life and will be distributed only in sealed retail packs.
“The Court is also mindful that several schools and state education authorities may follow policies discouraging the distribution of high-sugar or high-fat foods within school premises, consistent with broader public health objectives. Thus, should any school or authority consider the
proposed distribution inconsistent with such guidelines, the parties shall, in consultation with the Directorate of Education and the DSLSA, offer nutritionally balanced or wholesome alternatives of equivalent value,” the Court said.
It added that in such cases, the Directorate of Education, in consultation with the DSLSA, may also consider nominating or substituting beneficiary schools.
The Court observed that such a safeguard preserves both the spirit of generosity embodied in the parties' gesture and the equally important aim of promoting healthy habits among schoolchildren.
Observing that the arrangement was the voluntary decision of the parties and represented a symbolic act of amicable closure, Justice Narula concluded:
“Before parting, it bears recording that the real measure of this case lies not in the volume of pleadings or argument, but in the conduct of the parties at its close. By choosing an amicable resolution, these two reputed companies, once adversaries, have together restored the plain sense of the trademark they long contested. “CELEBRATIONS” now denotes joy that is shared and not divided. Further, with Diwali near, they have also adopted a public-spirited gesture for schoolchildren and brought the human dimension to the fore.”
Title: MARS INCORPORATED v. CADBURY (INDIA) LTD & ORS
Citation: 2025 LiveLaw (Del) 1336