In a significant ruling on trademark protection, the Calcutta High Court has ordered the cancellation of the registered trademark “JAY’S” after determining that it is phonetically and deceptively similar to “LAY’S,” the popular potato chip brand owned by PepsiCo.
The decision was delivered by Justice Ravi Krishan Kapur, who allowed PepsiCo’s petition filed under Sections 47 and 57 of the Trade Marks Act, 1999. PepsiCo argued that “LAY’S” has been in continuous use in India since 1965 and has gained wide recognition, with multiple trademark registrations supporting its status as a well-known mark.
During the proceedings, the Court referred to established legal principles stating that even when packaging, design, or visual elements differ, adopting the essential features of an existing well-known trademark can still amount to infringement. The Court observed that both marks—“JAY’S” and “LAY’S”—related to the same product category, namely potato chips, leading to a clear risk of consumer confusion.
Justice Ravi Krishan Kapur noted that the phonetic similarity between the two marks indicated dishonest adoption and could mislead consumers regarding the origin of the products. Concluding that the impugned mark lacked originality and posed a likelihood of deception, the Court ordered the cancellation of the trademark “JAY’S ” on November 10, 2025
The ruling reinforces the judiciary’s stance on safeguarding well-known trademarks and preventing misleadingly similar registrations in the Indian market.
