The ice cream maker has sought a permanent injunction, Rs 1 crore in damages and challenged ITC’s ‘Fantastik’ trademark registrations before the Trade Marks Registry
Ice cream manufacturer Vadilal International has moved a commercial court in Ahmedabad against ITC, alleging that the latter’s use of the trademark ‘Fantastik’ for chocolates and confectionery products infringes upon its long-established ‘Funtastic’ brand.
The company has sought a permanent injunction restraining ITC from manufacturing and selling products under the ‘Fantastik’ mark. Vadilal has also sought damages of Rs 1 crore, alleging loss of business arising from passing off.
The commercial court has sought ITC’s response to Vadilal’s notice of motion and posted the matter for further hearing on 9 July.
Dispute Over Similarity
According to Zahid Shaikh, Advocate for Vadilal, the company first came across ITC’s ‘Fantastik’ trademark in March 2025. After finding the mark to be phonetically and structurally similar to ‘Funtastic’, Vadilal immediately issued a cease-and-desist notice to ITC.
The two companies subsequently engaged in discussions over the dispute for more than a year before Vadilal approached the court seeking a permanent injunction.
In its petition, Vadilal stated that it has been operating in the ice cream and confectionery business since 1907. The company said products under the ‘Funtastic’ brand are sold across India and exported to international markets, including the United States and Singapore. It also submitted sales figures for the brand dating back to 2002.
Claims Of Infringement
Apart from seeking a restriction on ITC’s use of the disputed trademark, Vadilal has requested the court to direct the company to hand over allegedly infringing materials, furnish accounts related to the disputed products and prevent dilution of the ‘Funtastic’ brand.
“It is evident that there is a conscious and dishonest imitation of the plaintiff’s tradeark ‘Funtastic’ by the defendant. This is clear from the fact that the defendant has no reason whatsoever to adopt a trademark that is so confusingly similar to the distinctive trademark ‘Funtastic’, which is owned by the plaintiff,” Vadilal stated.
The court was also informed that Vadilal has challenged ITC’s registrations for the ‘Fantastik’ trademark and initiated rectification proceedings before the Trade Marks Registry in Kolkata.
