Delhi High Court Protects 'Good Day' Trademark: Britannia vs Desi Bites
In a major win for brand protection, the Delhi High Court granted an injunction in favour of Britannia Industries, restraining Desi Bites Snacks Pvt. Ltd. from using the well-known trademark 'Good Day'. The court recognized the risk of consumer confusion and safeguarded Britannia's long-standing brand reputation.
Introduction
The plaintiff, Britannia Industries Limited moved to Court in order to protect its well-known trademark ‘Good Day. Brittania has registered and has been using the trade mark GoodDay since 1986. It is a recognized player in the food and snacks industry and has made a significant position for itself, both in the minds of the consumers as well as in the market. Any infringement to such a well-known brand name will take a serious toll over the goodwill of the brand. It is very likely that such an infringement will lead to confusion in the minds of the consumers which in turn will lead to consumer dissatisfaction.
The Defendant, Desi Bites Snacks Pvt Ltd. was accused of using the same well known trademark Good Day for selling ‘Soan Papdi’ and ‘Papad’. The plaintiff plead that this was an infringement of the plaintiffs well known trademark.
Legal Provision/ Issues
1. Section 11(8) provides for a trademark to be a well-known trademark.
2. Section 29(1) of the Trademark Act deals with infringement of a registered trademark by unauthorised entities for identical goods.
3. Section 29(4) provides protection to well known trade mark even in cases of dissimilar goods.
Summary of the case
Brittania Industries Ltd. has been a recognised company in the food industries, having legacy for almost more than 100 years. It has also been a registered trademark holder of the name ‘Good Day’ since 1986. It was in the case of Brittania Industries Ltd vs Rakesh Kumar Jain, that the word ‘Good Day’ was held to be a well-known trademark. It is since 23 December 2023 that the trademark ‘Good Day’ is known to be a well-known trademark.
Desi Bites Snacks Private Ltd, is the defendant. The plaintiff has alleged that Desi Bites have been using an identical trademark for selling ‘Son papdi’ and ‘papad’. The plaintiff said that this not only amounts to trade mark infringement of Good Day but also amounts to a threat to its goodwill. The defendant might with its identical mark may use it for its own commercial benefit and at the same time create confusion in the minds of the customers. If the customers mistake the goods of Desi Bites with the goods of Brittania, then Brittania fears that the customers may lose their trust in the company as well as its products.
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Arguments
Plaintiffs Arguments
In October, 2024 plaintiff came to know that the said defendant has been using a well known trade mark of the plaintiff ‘Good Day’ for selling goods in Delhi and other surrounding areas as well as on the internet. The plaintiff argued that this has to be seen as a clear infringement of trademark rights of the plaintiff.
The plaintiff argued that it has registered as well as it has been using the trade mark ‘Good Day’ since a long time.
Plaintiff also mentioned that ‘Good Day’ was declared to be a well-known trade mark in a case in 2013, ‘Brittania Industries Ltd Vs Rakesh Kumar Jain’. Plaintiff claimed that the defendant used the well-known trademark in order to use the good will of the plaintiff to gain commercial benefit.
Defendants Arguments
The defendant did not appear before the court. Hence the court ordered an ex parte interim decree against the defendant, Desi Bites Snack Private Limited.
Courts Analysis and Judgement
In November 2024, the Delhi High Court passed an ex parte interim injunction order in favour of the plaintiff, i.e. Brittania Industries Ltd. which restricted Desi Bites private Ltd from using the word ‘Good Day’ in any of its products.
The court said that if Desi Bites uses ‘Good Day’ for its products then it might lead to confusion in the minds of the customers. The customers might assume it to be a product of the plaintiff, which might also hurt the plaintiff.
The court ordered an injunction which not only prevented Desi Bites Snacks Ltd from using the trade mark but also prevented it from using any deceptively similar trademarks. Desi Bites were ordered to remove any and all such products having the mark ‘Good Day’ from all ecommerce websites.
The court made the following observations:
1. There was prima facie evidence that it was a clear infringement of the rights of Brittania Pvt Ltd.
2. The court held that if Desi Bites continue to use the trade mark ‘Good Day’ then it might cause irreparable loss to the plaintiff.
3. The court favoured Brittania as it would not cause any harm or inconvenience to Desi Bites.
4. The court also mentioned that it was in the favour of the public that Desi Bites should not use the trademark ‘Good Day’ in order to avoid confusion in the minds of the consumers.
5. The court explicitly mentions that Desi Bites could produce and sell products but were prohibited from using the trademark ‘Good Day’.
The Delhi High court’s judgement highlights the need for protecting well-known trademarks. This protection is necessary not only for the purpose of protecting the goodwill of the brand but also for preventing any confusions relating to the product in the minds of the consumers. Protection of a well-known trademark is essential to maintain the trust between the brand and the consumer.
