The Delhi High Court has ruled in favour of Britannia Industries in a trademark infringement case against Desi Bites Snack, protecting its trademark GOOD DAY. The case centred around the unauthorised use of the mark, GOOD DAY, for products such as soan papdi and papad. The court issued an ex parte ad interim injunction against Desi Bites, restraining them from using the mark in any form.
Britannia contended that GOOD DAY, registered under Class 30 since 1986, had garnered immense goodwill and reputation in the Indian market. The FMCG’s legal team argued that the brandname had become synonymous with quality in the bakery and confectionery industry. With annual sales exceeding ₹16,000 crore and a wide-reaching market presence through 4.2 million retail outlets, the company asserted that the defendant’s use of an identical mark was a deliberate attempt to exploit its goodwill.
The plaintiff alleged that the use of GOOD DAY by Desi Bites constitutes trademark infringement and also amounts to passing off and unfair competition. Britannia claimed that this misuse was likely to mislead consumers into believing that the defendants’ products were associated with or endorsed by them, causing harm to the brand’s reputation. The court was informed that monetary compensation would be insufficient to address the dilution of the trademark’s value.
Despite being served notices, the defendants did not appear in court, leaving the matter to be decided on Britannia’s submissions.
Justice Mini Pushkarna, presiding over the matter, recognised the established goodwill and reputation associated with Britannia’s GOOD DAY trademark. The court observed that the identical use of the mark by the defendants could lead to consumer confusion, infringe upon the plaintiff’s rights, and harm its brand image.
The court ruled that Britannia had established a prima facie case for infringement. The judgment noted that continued use of the GOOD DAY mark by the defendants would cause irreparable harm to Britannia.
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Key orders issued by the court include an injunction restraining the defendants, their associates, and distributors from using the GOOD DAY trademark or any deceptively similar mark; a directive to remove all infringing products from e-commerce platforms; and clarification that Desi Bites may manufacture and sell their products but must refrain from using the GOOD DAY mark.
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(Edited by : Shoma Bhattacharjee)
