Kwality is an iconic ice-cream brand in country. Founded
in 1992, Kwality Ltd sells dairy products under its brand `Dairy Best'. But
the relationship between the founder’s son, Ravi Ghai and his father’s former
business partner, P.L. Lamba is no longer agreeable. Mr. Ghai has dragged Mr.
Lamba to Court, alleging that the Lambas unlawfully transferred the
intellectual property of brand `Kwality' to another company.
Mr. Ghai, a promoter of Mumbai based Graviss Holdings,
accused the Lambas of selling the copyright of the artistic work of the word
`Kwality' to a Delhi-based dairy firm Kwality Ltd in August. According to
Mr. Ravi, Graviss owns the right of the trademark.
In the Delhi High Court, Graviss argued that it had allowed
limited rights to the Lambas to use the trademark for ice-creams and ice
lollies in the northern parts of India. This didn't entitle the “defendants to
further assign the same in favour of a third party”. In December, the High
Court ordered the Lambas and Kwality Ltd to restrain from the usage of the
brand till further order.
Mr. Ravi alleged that the Lambas sold the rights to use the
Kwality artwork in relation to milk products and non-alcoholic beverages to
Kwality Ltd. After purchasing the `Kwality' artwork from Lambas, the company
allegedly, roped in actor Akshay Kumar to endorse its products under the same
brand name.
The order on this matter is still awaited. However, this
dispute should not cause any suffering to our taste buds.
- Atanu Mistry
