Delhi High Court Restrains Manufacturer From Selling Biscuits Under ‘Good Time Butter Cookies’ Mark In Suit By ‘Good Day’
The Delhi High Court has restrained a manufacturer from selling its biscuits under the mark “Good Time” or “Good Time Butter Cookies” or any other mark which is deceptively similar to Britannia’s Good Day biscuits.Justice Prathiba M Singh passed the order in favour of Britannia considering that it is a well reputed brand selling “Good Day Butter Cookies” “since such a long...
The Delhi High Court has restrained a manufacturer from selling its biscuits under the mark “Good Time” or “Good Time Butter Cookies” or any other mark which is deceptively similar to Britannia’s Good Day biscuits.
Justice Prathiba M Singh passed the order in favour of Britannia considering that it is a well reputed brand selling “Good Day Butter Cookies” “since such a long time” as also other products under the said trade mark and trade dress.
The ad interim injunction was passed in a suit filed by Britannia against Amar Biscuit Pvt. Ltd. and its promoters seeking to restrain them from manufacturing or selling butter cookies under the mark “Good Time” alleging that the packaging was almost identical with its products.
“If an ad interim injunction is not granted in the present case it will cause irreparable loss/ harm to the Plaintiff, as the Defendants’ packaging is deceptively similar to that of the Plaintiff’s, which causes confusion to the customers. The Defendants’ are also taking a piggy-back ride of the Plaintiff’s goodwill and reputation in identical business,” the court said.
Justice Singh noted that butter cookies, by their very nature, are products which are purchased by children, by literate and illiterate people across urban and rural areas. The court said that Britannia’s “enormous turnover” for its “Good Day” cookies leaves no doubt that its packaging and product has “enormous recognition and goodwill” in the market.
“Any attempt to imitate the name, the mark or the packaging would have to be stopped immediately inasmuch as the consumers are likely to get confused between the two sets of products. Considering that these are food products any chances of confusion has to be completely avoided,” the court said.
Counsel for Plaintiff: Mr. Sagar Chandra, Ms. Shubhie Wahi & Ms. Ankita Seth, Advs.
Counsel for Defendants: Mr. Amit Tomar, Adv.
Title: BRITANNIA INDUSTRIES LIMITED v. AMAR BISCUIT PRIVATE LIMITED & ORS.
Citation: 2023 LiveLaw (Del) 965