The Delhi High Court recently restrained several entities from manufacturing and selling biscuits using trademark and shape identical to Britannia’s Little Hearts biscuits [Britannia Industries Ltd v Shri Swastik Organics & Ors]. .Justice Manmeet Pritam Singh Arora also directed e-commerce platform Amazon to delist such products from its platform. “The Defendant Nos.1 to 4, their partners, principals, proprietor, directors, officers, employees, agents, distributors, franchisees, suppliers, licensees, affiliates, subsidiaries representatives, group companies and assignees is/are restrained from using, manufacturing, selling, marketing and advertising its business and/or allowing or permitting third parties to use, market and/or advertise the goods bearing the impugned mark/shape ‘Little Hearts/ ’ and/or any other trade mark/shape or name identical and/or similar to the Plaintiff's registered trademarks ‘Little Hearts/ manner whatsoever,” the Court ordered. .The Court passed the interim order after Britannia filed a suit alleging trademark infringement. It argued that it has used the Little Hearts mark since 1988 and introduced its distinctive sugar-coated, heart-shaped biscuits in 1993. The company said it holds registered trademark rights over both the wordmark and the 3D shape of the biscuit. It stated that it came across biscuits being sold on Amazon under the name “Little Hearts” by Shri Swastik Organics and associated individuals. The listings allegedly referred to Britannia Little Hearts and reproduced images of Britannia’s original packaging. .The Court observed that this conduct demonstrated dishonest adoption and a mala fide intent to ride on Britannia’s goodwill and reputation.Therefore, it passed an interim order in favour of Britannia. .Advocates Sagar Chandra, Ishani Chandra, Shubhie Wahi, Sanya Kapoor and Mansha Bhatia appeared for Britannia. None appeared for the defendants. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
