The Delhi High Court has issued an ex parte ad interim injunction in favour of Britannia Industries, in a trademark infringement case against Desi Bites Snack. This restricts the defendant from using the ‘GOOD DAY’ trademark of Britannia.
According to reports, Britannia has asserted that its trademark GOOD DAY has been registered under Class 30 since 1986 and has established its market presence. Additionally, Britannia’s legal team argued that Desi Bites Snack used an identical mark to capitalise on the goodwill associated with the trademark.
The case also centres on the unauthorised use of the mark for products like soan papdi and papad. Furthermore, the FMCG giant argued in court that monetary compensation would not suffice to remedy the dilution of the trademark’s value, as per reports.
On the other hand, Desi Bites Snack failed to appear in court even after notices were served. Considering Britannia’s submissions, Justice Mini Pushkarna, who was presiding over the case, acknowledged the well-established reputation of the trademark. Consequently, the HC ruled that Britannia had made a prima facie case for infringement.
In addition, the court directed the removal of all infringing products from e-Commerce platforms and said that the defendant may continue manufacturing and selling their products, given that they abstain from using the GOOD DAY trademark.
