Delhi High Court - Orders
Britannia Industries Ltd vs Parle Biscuits Pvt. Ltd & Anr on 26 March, 2021
Author: Jayant Nath
Bench: Jayant Nath
$~OS-34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 129/2021 and IA Nos. 4287-89/2021
BRITANNIA INDUSTRIES LTD ..... Plaintiff
Through Mr.Sandeep Sethi and
Mr.Puneet Mittal, Sr. Advs. with Ms.Ishani
Chandra, Mr.Sagar Chandra and Ms.Shubhie
Wahi, Advs.
versus
PARLE BISCUITS PVT. LTD & ANR. ..... Defendants
Through Mr.Sai Krishna, Mr.N.K. Bhardwaj,
Mr.Vivek Ayyagam and Mr.Bikash Ghorai, Advs.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 26.03.2021 I.A. 4287/2021 (u/O 39 R 1 & 2 CPC)
1. This suit is filed by the plaintiff seeking the following reliefs:-
"(i) A decree for permanent injunction restraining the Defendants, their partners, proprietors, Companies, Sister Concerns, directors, executives, as the case may be, its officers, servants and agents or anyone acting for and on their behalf from issuing or telecasting the Impugned Advertisement in any manner/medium disparaging the goodwill and reputation of the plaintiff and its Cookies sold under the packaging/Design BRITANNIA GOOD DAY BUTTER COOKIES / GOOD DAY Range of Cookies or in any other advertisements and in all media and / or print media/television/Radio by implying that other Cookies are inferior or distasteful and or referring to its taste or other attributes in any other manner whatsoever thereby denigrating Plaintiff's BRITANNIA GOOD DAY BUTTER COOKIES / GOOD DAY Range of Cookies;
(ii)A Decree for permanent injunction restraining the Defendants, their partners, proprietors, Companies, Sister Concerns, directors, executives, as the case may be, its officers, servants and agents or anyone acting for and on their behalf from from Issuing or telecasting the Impugned Advertisement, the story board of which is filed as Documents with the Plaint, in any language or issuing any other advertisement which is in any manner/medium disparaging the goodwill and reputation of the Plaintiff and its Cookies sold under the mark/design BRITANNIA GOOD DAY BUTTER COOKIES / GOOD DAY Range of Cookies in any other advertisements and in all media whatsoever including but not limited to the electronic media, social media and / or print media;
(iii) A Decree for permanent injunction restraining the Defendants, their partners, proprietors, Companies, Sister Concerns, directors, executives, as the case may be, its officers, servants and agents or anyone acting for and on their behalf from using the depiction of the Plaintiffs BRITANNIA GOOD DAY BUTTER COOKIES / GOOD DAY Range of Cookies or any other product deceptively similar to that of the Plaintiffs BRITANNIA GOOD DAY BUTTER COOKIES / GOOD DAY range of Cookies in its advertisement or in any other manner disparaging the goodwill and reputation of the Plaintiff and its product sold under the trademark BRITANNIA GOOD DAY;
(iv) A Decree for permanent injunction restraining the Defendants, their partners, proprietors, Companies, Sister Concerns, directors, executives, as the case may be, its officers, servants and agents or anyone acting for and on their behalf from from manufacturing, publishing, exporting, marketing, offer for sale (physical or online platforms), selling (physical or online platforms), advertising(physical or online platforms) or in any manner dealing in any Biscuits/Cookies and/or such allied and cognate goods in the Impugned Advertisement and/or any other medium and/or any other design which is an obvious and/or fraudulent imitation of the registered GOOD DAY COOKIES Design of the Plaintiff amounting to infringement of Plaintiff's Registered GOOD DAY Design bearing No. 270172 in Class 01- 01;
(v)An order for rendition of accounts of profits illegally earned by the Defendants on account of the illegal and infringing activities of the Defendants and a decree for the said amount so found be passed in favour of the Plaintiffs;"
2. Essentially the grievance of the plaintiff is regarding the advertisement uploaded on YouTube by the defendants. It is claimed that the defendants seek to promote their product Parle 20-20 cookies by denigrating, defaming and disparaging the plaintiff's Britannia Good Day Butter Cookies/Good Day range of cookies.
3. After some arguments, learned counsel for the defendants very fairly, without prejudice to their rights and contentions, stated that they would like to try and sort out the matter.
4. Both the parties have agreed that in the advertisement in question, the colour of the packet of the cookies shall be as follows:-
5. Similarly, regarding the design of the cookies, it is agreed that the same shall be as follows:-
6. Essentially the design is that the first line of the cookie is curved while subsequent lines below the first line being straight lines.
7. Binding the defendants to the above, the present application is disposed of.
8. Learned counsel for the defendants states that they will take one week's time from today to pull down the impugned advertisement.
CS(COMM) 129/2021 List on 26.04.2021.
JAYANT NATH, J MARCH 26, 2021/rb