Delhi HC restricts Desi Bites From using GOOD DAY mark
Last Updated on November 21, 2024 by NewsDesk SLC
The Delhi High Court recently barred Desi Bites from using the brand ‘GOOD DAY’ in a trademark infringement case filed by Good Day Biscuits manufacturer, Britannia [Britannia Industries Limited Vs. Desi Bites Snacks P Ltd & Ors.]. Britannia sued Desi Bites over its sale of sweets like soan papdi and papad under the name ‘GOOD DAY’.
On November 7, Justice Mini Pushkarna granted an interim injunction against Desi Bites to prevent it from distributing, selling, offering for sale, promoting, advertising, marketing or trading under the ‘GOOD DAY’ brand until the case is heard next. The court also ordered the removal of online posts or listings of any Desi Bites products infringing the Britannia GOOD DAY trademark. “Defendants are further directed to remove their infringing listings on their website and other e-commerce websites,” the order said.
Britannia said that since 1986 it has held several registrations of the trademark “GOOD DAY” for products such as biscuits, bread, coffee, tea, flour, non-medicated confectionery. He added that the Intellectual Property Appellate Board (IPAB) had already declared Britannia’s trademark “GOOD DAY” well known.
It was further argued that the Delhi High Court had earlier passed favorable orders to protect Britannia’s rights in other trademark infringement suits. Britannia argued that Desi Bites was trying to ride on the goodwill and reputation created by Britannia.
He added that such unauthorized use of the GOOD DAY trademark is likely to damage and dilute Britannia’s reputation and cause confusion among customers, damaging the distinctiveness and goodwill Britannia has built up over decades. The court found that Britannia had made out a prima facie case for an injunction and that Britannia could suffer irreparable loss if such an injunction were not granted.
Therefore, it granted an ex-parte injunction (meaning Desi Bites was not present) in favor of Britannia until March 10, 2025, when the trademark case will be heard again.
