In a significant development protecting intellectual property rights, the Delhi High Court, presided over by Justice Mini Pushkarna, granted an interim injunction in favour of Britannia Industries Limited against Desi Bites Snacks Private Limited and others. The case, numbered CS(COMM) 983/2024, was argued by Mr. Sachin Gupta and his team on behalf of Britannia. The court restrained the defendants from using the trademark “GOOD DAY,” a well-known and registered mark of Britannia, on their products.
Background of the Case
Britannia Industries, a leading food and confectionery company, filed a suit for trademark infringement, passing off, and unfair competition. Britannia claimed that Desi Bites was using its well-known trademark “GOOD DAY” for products such as soan papdi and papad, attempting to capitalize on the goodwill and reputation of the plaintiff’s brand.
The trademark “GOOD DAY” has been associated with Britannia’s biscuits and confectionery since 1986 and is registered under Class 30. The Intellectual Property Appellate Board (IPAB) had previously recognized “GOOD DAY” as a well-known mark in a 2020 order. Britannia argued that the defendants’ actions diluted their brand, caused consumer confusion, and misled the public.
Legal Issues Addressed
- Trademark Infringement: Whether the defendants’ use of the mark “GOOD DAY” constituted an infringement of Britannia’s registered trademark.
- Passing Off: Whether the defendants’ actions misrepresented their goods as being associated with Britannia.
- Public Interest: Whether the use of an identical mark by the defendants could mislead consumers and harm the public interest.
Court Observations and Decision
Justice Pushkarna noted that Britannia had demonstrated a prima facie case for trademark infringement and passing off. The court observed:
- Distinctiveness of the Mark: “GOOD DAY” is a well-known mark associated exclusively with Britannia’s biscuits and other food products.
- Likelihood of Confusion: The court emphasized that the defendants’ use of an identical mark was likely to deceive consumers into believing the products were associated with Britannia.
- Intentional Misuse: The court remarked that the defendants’ actions appeared to be a deliberate attempt to exploit Britannia’s goodwill.
The court held:
“The defendants’ blatant adoption of the plaintiff’s trademark strongly indicates an intention to capitalize on the goodwill and market position built by the plaintiff over decades.”
Interim Relief Granted
The court issued an ex-parte ad-interim injunction, directing that:
- The defendants are restrained from manufacturing, selling, or advertising any products under the mark “GOOD DAY” or any deceptively similar mark.
- The defendants must remove infringing listings from their websites and e-commerce platforms.
- The defendants are permitted to sell their products under alternative branding that does not resemble “GOOD DAY.”
The court scheduled the next hearing for March 10, 2025, and directed the defendants to file their reply within four weeks, with a rejoinder to follow two weeks thereafter.
