Delhi High Court: In a case wherein, the plaintiff, Britannia Industries Limited had filed an application under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908, Prathiba M. Singh, J.* restrained the defendants till the next date of hearing, from manufacturing, selling, offering for sale butter cookies or any other products in the infringing packaging under the name ‘GOOD TIME or GOOD TIME BUTTER COOKIES’ or any other mark which was identical or deceptively similar to the plaintiff’s mark ‘GOOD DAY or GOOD DAY BUTTER COOKIES’.
Background
The plaintiff company was a hundred-year-old company dealing with various food products since 1918, and was one of the leading manufacturers and sellers of biscuits, crackers and various food items under the trade mark ‘GOOD DAY’. The ‘GOOD DAY’ mark which was adopted by the plaintiff in 1986 had been used across large range of products including biscuit, bread, confectionery, etc.
The plaintiff asserted that the product ‘GOOD DAY BUTTER COOKIES’, which was the subject matter of the present case was launched in 1986. Around 1997, a distinctive packaging for the product was adopted and the packaging had always been in the colour combination of blue and yellow with cookie showed in the specific form. The plaintiff asserted that over the years, minor changes were made in the trade dress, but the essential and prominent features of it were retained.
The plaintiff claimed that the packaging of ‘GOOD DAY BUTTER COOKIES’ was a trade mark label which was entitled to protection and also, an artistic work in which the plaintiff enjoyed the copyright. Further, the plaintiff claimed that the sale of ‘GOOD DAY BUTTER COOKIES’ for the financial year 2022-2023 was Rs. 1889 crores and the advertisement and promotional expense for the said product was around Rs.137 crores.
The plaintiff became aware of the ‘GOOD TIME’ cookies, when one of the consumers posted on the Twitter about the defendants adoption of the infringing trade mark and dress ‘GOOD TIME’ which had the same colour combination of blue and yellow.
Thus, on realising the misuse on 06-10-2023, the plaintiff filed the present suit against Defendant 1, Amar Biscuit Private Limited and its promoters, Defendants 2-4 from manufacturing, selling, and offering for sale butter cookies under the mark ‘‘GOOD TIME’ which had an almost identical packaging.
Comparison of the marks of the plaintiff and the defendants:
Analysis, Law, and Decision
Considering the overall facts, the Court opined that the plaintiff had made a prima facie case for the grant for an ad interim injunction. Considering that the plaintiff was a reputed brand and sold ‘GOOD DAY BUTTER COOKIES’ since such a long time, balance of convenience was also in the plaintiff’s favour.
The Court opined that the defendants were taking a piggy back ride of the plaintiff’s good will and reputation in identical business, and since the defendants’ packaging was deceptively similar to the plaintiff, if an ad interim injunction was not granted in the present case, it would cause an irreparable loss and harm to the plaintiff.
Thus, the Court restrained the defendants and all other acting for or on their till the next date of hearing, from manufacturing, selling, offering for sale butter cookies or any other products in the infringing packaging under the name ‘GOOD TIME or GOOD TIME BUTTER COOKIES’ or any other mark which was identical or deceptively similar to the plaintiff’s mark ‘GOOD DAY or GOOD DAY BUTTER COOKIES’. The Court directed the defendants to take down any online listing of the product within forty-eight hours.
The matter would next be listed on 08-04-2024.
[Britannia Industries Ltd. v. Amar Biscuit (P) Ltd., 2023 SCC OnLine Del 6478, decided on 12-10-2023]
*Judgment authored by- Justice Pratibha M. Singh
Advocates who appeared in this case :
For the Plaintiff: Sagar Chandra, Shubhie Wahi and Ankita Seth, Advocates;
For the Defendants: Amit Tomar, Advocate
