Authority: High Court at Calcutta

Order Date: 24 July 2026

Case Overview

  • Parties: Société des Produits Nestlé S.A. (decree‑holder) vs M/s Kit Kat Food Products and others (judgment debtors).
  • Original decree dated 31 July 2023 (C.S. No. 48 of 2000) permanently restrained defendants from manufacturing, marketing, selling, advertising or dealing in goods bearing the trade mark “KIT KAT” or any identical/deceptively similar mark.
  • Execution proceeding was instituted to enforce the decree after alleged continued infringement through online platforms.
  • Court on 21 August 2025 appointed Joint Special Officers to inspect premises, inventory infringing goods and report.
  • Officers found original Kit Kat premises sealed; discovered a renamed establishment “Keka Food Products” at a nearby address, with identical product design.
  • Debtor Krishnapada Saha appeared before officers, acknowledged prior association, confirmed business now operates as Keka Food Products, and that the former partnership ceased operations.
  • Debtors Nos. 2 and 3 filed an affidavit stating: partnership dissolved effective 30 December 2023, all manufacturing and marketing under “KIT KAT” ceased, stock withdrawn, trademark abandoned, no future applications, and undertaking to honor the decree, with contempt consequences for breach.

Final Outcome

  • The Court accepted the affidavit as binding, incorporated its declarations and undertakings into the order.
  • Re‑affirmed the permanent injunction restraining Judgment Debtor Nos. 1‑3, their partners, successors, agents, etc., from any activity involving the “KIT KAT” mark or any identical/deceptively similar representation across all channels, including online.
  • Prohibited the debtors from seeking registration or use of the mark in any form.
  • The inventory, photographs and report of the Joint Special Officers were placed on record.
  • The execution application was disposed of without further coercive measures or costs.
  • Any future breach will be treated as a fresh violation of the decree and contempt, permitting decree holders to seek fresh execution and all other legal remedies.

Topics: Trademark Infringement; Injunction Enforcement