New Jersey-based food importer, Meenaxi, has petitioned the U.S. International Trade Commission to reinstate an investigation into a number of grocery stores. The company alleges that these stores are illegally selling an Indian chocolate malt drink mix that infringes on its Bournvita trademark, despite a standing general exclusion order.
An exclusion order is a key tool in the hands of the International Trade Commission in litigation involving trademarks or patents. Essentially, it empowers U.S. customs officials to enforce the ITC’s rulings by denying entry to imported products that infrive upon the rights in question. As such, Meenaxi is seeking to leverage this tool to defend its Bournvita trademark, a popular brand in Indian diaspora communities worldwide.
This is not the first time Bournvita, a stalwart in the Indian food and beverages sector, has been embroiled in a trademark tussle. Nonetheless, as the case unfolds, business magnates and legal practitioners will be keeping a close eye on the proceedings due to its potential implications for the enforcement of trade laws, particularly in cases involving the Food and Beverage sector.
For more detailed information on Meenaxi’s allegations and the background to this case, you can read the original article in Law360.