The Delhi High Court in the case Britannia Industries Limited v. Amar Biscuit Private Limited And Ors observed and has restrained the manufacturer from selling its biscuits under the mark, the Good Time or Good Time Butter Cookies or any other mark which is deceptively similar to Britannia’s Good Day biscuits.
The bench headed by Justice Prathiba M Singh passed the said order in favour of Britannia while considering that it being the well reputed brand selling the Good Day Butter Cookies, since such a long time as also the other products under the said trade mark and trade dress.
In the present case, the ad interim injunction was passed in the suit filed by Britannia against Amar Biscuit Pvt. Ltd. and its promoters wherein seeking to restrain them from manufacturing or selling butter cookies under the mark ‘Good Time’ wherein it alleged that the packaging was almost identical with its products.
The court stated that if in the present case, an ad interim injunction is not granted, it will cause irreparable loss or harm to the plaintiff, thus, as the Defendants’ packaging is deceptively similar to that of the Plaintiff’s, which causes confusion to the customers.
Therefore, the defendants are also taking a piggy-back ride of the Plaintiff’s goodwill and reputation in identical business.
The bench headed by Justice Singh in the case noted that the butter cookies, by their very nature, are products which are purchased by children, by literate and illiterate people across urban and rural areas. Therefore, the said court stated that the 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.
The court while considering the facts and circumstances of the case stated that 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.
The court also stated that these are food products any chances of confusion has to be completely avoided.
The counsel, Advocate Mr. Sagar Chandra, Advocate Ms. Shubhie Wahi Advocate Ms. Ankita Seth appeared for the Plaintiff.
The counsel, Advocate Mr. Amit Tomar represented defendants.