The Delhi High Court granted an ad interim injunction in favour of Britannia, citing a prima facie case due to the striking resemblance between Amar Biscuit's "GOOD TIME BUTTER COOKIES" packaging and Britannia's "GOOD DAY BUTTER COOKIES." The court highlighted the importance of safeguarding trade dress, acknowledging it as more than just a trademark but also an art form protected by copyright.
Facts of the Case:
Britannia Industries Limited filed a suit against Amar Biscuit Pvt. Ltd. and its promoters to restrain them from manufacturing, selling, and offering for sale butter cookies under the mark 'GOOD TIME' with packaging that closely resembled the Plaintiff's 'GOOD DAY' brand. The plaintiff had a well-established presence in the food industry, particularly in biscuits and related products. The plaintiff's 'GOOD DAY' trademark has been in use since 1986 and has a substantial market share.
In this case, Britannia's "GOOD DAY BUTTER COOKIES" product's trade dress is at the core of the dispute. Trade dress refers to the visual or aesthetic aspects of a product's packaging and presentation that serve to identify and distinguish the product in the marketplace.
Contentions of the Parties:
The plaintiff argued that the Defendants had deliberately copied the packaging and trade dress of their 'GOOD DAY BUTTER COOKIES,' which had a specific colour combination of blue and yellow. The Plaintiff asserted that this packaging was not just a trademark label but also an artistic work protected by copyright. The defendants' use of the 'GOOD TIME' mark and packaging was claimed to be confusingly similar to the Plaintiff's products, causing potential harm to the Plaintiff's goodwill and reputation.
The defendants argued that they had consulted with their legal counsel for launching 'GOOD TIME BUTTER COOKIES' but were unaware of the packaging complaint. They requested time to seek instructions from their clients.
Observations of the Court:
The Delhi High Court noted that butter cookies were products purchased by a wide range of consumers, including children and individuals from urban and rural areas. Considering the Plaintiff's substantial turnover and recognition in the market, any attempt to imitate their name, mark, or packaging should be stopped to prevent consumer confusion. Given that these were food products, confusion needed to be completely avoided. The High Court was convinced that the Plaintiff had made out a prima facie case for an ad interim injunction. The balance of convenience favoured the Plaintiff as they were a well-reputed brand with a long history of selling 'GOOD DAY BUTTER COOKIES,' and not granting an injunction could cause irreparable harm by allowing the Defendants to capitalize on the Plaintiff's goodwill.
The Decision of the Court:
The Delhi High Court granted an ad interim injunction restraining the Defendants from manufacturing, selling, or offering for sale butter cookies or any other products in packaging identical or deceptively similar to the Plaintiff's 'GOOD DAY/GOOD DAY BUTTER COOKIES' mark. The Defendants were also instructed to remove any online listings of these products.
Case Title: Britannia Industries Limited vs. Amar Biscuit Private Limited & Ors.
Coram: Hon’ble Justice Prathiba M. Singh
Case No.: CS(Comm) 728/2023, I.A. 20158/2023, 20159/2023, 20160/2023
Advocate for the Plaintiff: Mr. Sagar Chandra, Ms. Shubhie Wahi, and Ms. Ankita Seth
Advocate for the Respondent: Mr. Amit Tomar
Read Judgment @LatestLaws.com
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