Ahmedabad: Ice cream major Vadilal has sued ITC Ltd for using the ‘Fantastik’ mark for chocolates and confectionery, which it alleged was deceptively similar to its brand ‘Funtastic’ for ice creams. Vadilal said it had created the brand more than two decades ago.Vadilal International Pvt Ltd has filed a trademark suit in a commercial court in Ahmedabad against the Kolkata-based tobacco giant, seeking to restrain it from selling its products under the mark Fantastik. Alleging loss of business due to the passing off, Vadilal has sought Rs 1 crore in damages from ITC.The commercial court posted the further hearing on July 9 after seeking ITC’s reply on Vadilal’s notice of motion.According to Vadilal’s advocate Zahid Shaikh, the company first became aware of ITC’s Fantastik mark in March 2025, which it found phonetically and structurally similar to its own, and it immediately issued a cease-and-desist notice to ITC. Communication took place between the two companies over this dispute for more than a year before Vadilal approached the court seeking a permanent injunction.In its suit, Vadilal has highlighted its long-standing presence in the ice cream and confectionery business, tracing its operations back to 1907. Its products are sold under the mark ‘Funtastic’ across India and exported to markets including the US and Singapore. It placed before the court the sales figures for the brand from 2002 onwards.Vadilal has sought restriction on ITC from using the disputed mark, delivery up of allegedly infringing materials, rendition of accounts and protection against dilution of its brand.“It is evident that there is a conscious and dishonest imitation of the plaintiff’s trademark ‘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 mark ‘Fantastik’ and initiated rectification proceedings before the Trade Marks Registry in Kolkata.
