Delhi HC rules in favour of Britannia in trademark infringement case
Britannia argued that its 'GOOD DAY' brand has become synonymous with quality in the bakery and confectionery sector, having gained substantial goodwill and recognition in the Indian market over the years.
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In a significant ruling, the Delhi High Court has issued an ex parte injunction in favour of Britannia Industries, in a trademark infringement case against Desi Bites Snack. The court has restrained Desi Bites from using the trademark 'GOOD DAY', which Britannia has held since 1986, for products like soan papdi and papad.
Britannia, the renowned FMCG company, argued that its 'GOOD DAY' brand has become synonymous with quality in the bakery and confectionery sector, having gained substantial goodwill and recognition in the Indian market over the years. With annual sales exceeding Rs 16,000 crore and a presence in 4.2 million retail outlets across India, Britannia’s legal team contended that Desi Bites’ use of the identical mark was a deliberate attempt to exploit the goodwill associated with the brand.
The company claimed that Desi Bites’ use of the 'GOOD DAY' mark amounted to both trademark infringement and passing off, which could confuse consumers and falsely suggest an association or endorsement by Britannia. They argued that the defendant's actions would harm the brand’s image, and that monetary compensation alone would not adequately address the damage to its trademark.
Desi Bites, despite being served legal notices, did not appear in court, leaving the matter to be decided based on Britannia’s submissions. Justice Mini Pushkarna, presiding over the case, acknowledged the extensive goodwill associated with Britannia’s trademark and observed that the use of an identical mark by Desi Bites could mislead consumers and cause irreparable harm to Britannia’s brand.
The court granted Britannia an ex parte ad interim injunction, directing that Desi Bites and its associates cease using the 'GOOD DAY' mark or any similar variations. Additionally, the court ordered the removal of infringing products from e-commerce platforms and clarified that Desi Bites could continue to sell their products, provided they refrain from using the 'GOOD DAY' trademark.
The ruling reinforces the importance of protecting established trademarks and underscores the potential harm of unauthorized use of well-known brand names in the market.
