The Delhi Excessive Court docket has dominated in favour of Britannia Industries in a trademark infringement case in opposition to Desi Bites Snack, safeguarding the trademark ‘Good day’.
The dispute centred on the unauthorised use of the ‘Good day’ mark by Desi Bites for merchandise equivalent to soan papdi and papad.
The courtroom issued an ex parte advert interim injunction in opposition to Desi Bites, restraining them from utilizing the ‘Good day’ trademark in any kind.
Britannia argued that its trademark, registered underneath Class 30 since 1986, has constructed important goodwill and repute within the Indian market.
Britannia’s authorized staff asserted that the ‘Good day’ model has turn out to be synonymous with high quality within the bakery and confectionery phase.
The plaintiff alleged that the usage of the ‘Good day’ mark by Desi Bites constituted trademark infringement, passing off, and unfair competitors.
The FMCG firm additional claimed that this misuse might mislead shoppers into associating the defendants’ merchandise with their model, inflicting reputational hurt.
The courtroom was knowledgeable that financial compensation could be insufficient to deal with the dilution of the trademark’s worth.
Justice Mini Pushkarna, presiding over the case, acknowledged the goodwill and repute related to Britannia’s ‘Good day’ trademark. The courtroom noticed that the an identical use of the mark by the defendants might trigger shopper confusion, infringe upon the plaintiff’s rights, and harm the model’s picture.
The courtroom concluded that Britannia had established a prima facie case for infringement. It famous that continued use of the ‘Good day’ mark by Desi Bites would trigger irreparable hurt to the corporate.
Key orders issued by the courtroom embody:
- An injunction restraining the defendants, their associates, and distributors from utilizing the ‘Good day’ trademark or any deceptively comparable mark.
- A directive to take away all infringing merchandise from e-commerce platforms.
- Permission for Desi Bites to fabricate and promote their merchandise with out utilizing the ‘Good day’ mark
Written with the View : afaqs