Delhi HC rules in favour of Britannia; stops Desi Bites from using “Good Day” trademark

The Delhi High Court has ruled in favour of Britannia Industries in a trademark infringement case against Desi Bites Snack, safeguarding the trademark 'Good day'.

The dispute centred on the unauthorised use of the 'Good day'  mark by Desi Bites for products such as soan papdi and papad.

The court issued an ex parte ad interim injunction against Desi Bites, restraining them from using the 'Good day' trademark in any form.

Britannia argued that its trademark, registered under Class 30 since 1986, has built significant goodwill and reputation in the Indian market.

Britannia’s legal team asserted that the 'Good day' brand has become synonymous with quality in the bakery and confectionery segment.

The plaintiff alleged that the use of the 'Good day'  mark by Desi Bites constituted trademark infringement, passing off, and unfair competition.

The FMCG company further claimed that this misuse could mislead consumers into associating the defendants’ products with their brand, causing reputational harm.

The court was informed that monetary compensation would be inadequate to address the dilution of the trademark's value.

Justice Mini Pushkarna, presiding over the case, acknowledged the goodwill and reputation associated with Britannia’s 'Good day' trademark. The court observed that the identical use of the mark by the defendants could cause consumer confusion, infringe upon the plaintiff’s rights, and damage the brand’s image.

The court concluded that Britannia had established a prima facie case for infringement. It noted that continued use of the 'Good day' mark by Desi Bites would cause irreparable harm to the company.

Key orders issued by the court include:

• An injunction restraining the defendants, their associates, and distributors from using the 'Good day'  trademark or any deceptively similar mark.
• A directive to remove all infringing products from e-commerce platforms.
• Permission for Desi Bites to manufacture and sell their products without using the 'Good day'  mark