Title: BRITANNIA INDUSTRIES LIMITED v. AMAR BISCUIT PRIVATE LIMITED & ORS.
Decided on: 12th october 2023
CS(COMM) 728/2023, I.A. 20158/2023, 20159/2023, 20160/2023
Coram: JUSTICE PRATHIBA M. SINGH
Introduction
The Delhi High Court has restrained the sale of biscuits under the mark “Good Time” or “Good Time Butter Cookies” and any other mark which is deceptively similar to Britannia’s Good Day biscuits. The order was passed in favour of Britannia considering that it is a well reputed brand selling “Good Day Butter Cookies” since a very long time as also other products under the said trade mark and trade dress.
Facts of the case
The Britannia Industries Limited has filed suit against Amar Biscuit Pvt. Ltd. and its promoters i.e., Defendant Nos. 1 & 2 to 4, from manufacturing to selling butter cookies under the mark ‘‘Good Time’ which has an almost identical packaging. The Plaintiff is one of the leading manufacturers and sellers of biscuits, crackers and various other food items under the trademark ‘Good Day’ which was adopted by the in 1986. The Plaintiff company itself is a 100 year old company of India dealing with various food products since 1918. The Plaintiff’s revenue for the financial year 2022-23, crossed over Rs.16,000 crores. It also has significant presence on online platforms such as Facebook, Twitter, Instagram and YouTube with thousands of followers.
The subject matter of the present case is the ‘Good Day Butter Cookies’ product which was launched in the year 1986. Around 1997 a distinctive packaging for the product was adopted. It is averred that the packaging has always been in the colour combination of blue and yellow, with cookie being shown in a specific form. Over the years Plaintiff has made minor modifications in the trade dress, however the essential and prominent features of it were retained. Plaintiff claims that the said packaging of ‘Good Day Butter Cookies’ is not merely a trademark label which is entitled to protection but is also an artistic work in which the Plaintiff enjoys copyright. They claim that the sale of ‘Good Day Butter Cookies’ for the financial year 2022-2023 is Rs.1889 crores and the advertisement and promotional expense for the said product is around Rs.137 crores. The Plaintiff recently learned from one of the consumers, who put a post on platform X (Twitter), about the Defendants adoption of the infringing trade mark and dress ‘Good Time’ bearing the same color combination of blue and yellow, realising this misuse as of 6th October, 2023, the Plaintiff has filed the suit.
Court Analysis and Decision
According to the court, by their very nature, butter cookies are products which are purchased by children, literate and illiterate people across urban and rural areas. The enormous turnover of the Plaintiff for the Britannia ‘Good Day’ cookies leaves no doubt in the mind of the Court that the said packaging and product achieved enormous recognition and goodwill in the market. Any attempt to imitate the name, the mark or the packaging would have to be stopped immediately in as much 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.
Considering the overall facts, the Judge is convinced that the Plaintiff makes out a prima facie case for grant of an ad interim injunction. Balance of convenience also lies in favour of the Plaintiff considering that it is a well reputed brand selling ‘Good Day Butter Cookies’ since such a long time, as other products under the said trade mark and trade dress. If an ad interim injunction is not granted it would cause irreparable loss or harm to the Plaintiff. as the Defendants’ packaging is deceptively similar to that of the Plaintiff’s, causes confusion to the customers. Court observed that Defendants’ are taking a piggy-back ride of the Plaintiff’s goodwill and reputation in identical business.
Accordingly, till the next date of hearing, all the Defendants and others acting on their behalf are directed to restrain from manufacturing, selling, offering for sale butter cookie biscuits or any other products in the infringing packaging which is under the name ‘Good Day Butter Cookies’ or any other mark which is identical or deceptively similar to the Plaintiff’s mark ‘Good Day/ Good Day Butter Cookies’. Court has ordered the Defendants to remove any online listings of the product within 48 hours and to place a stock statement of the material bearing the impugned mark & packaging, on the next date.
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Written by- K R Bhuvanashri
