BRITANNIA INDUSTRIES LTD. and PARLE BISCUITS PVT. LTD. & ANR.

In a recent case between BRITANNIA INDUSTRIES LTD. and PARLE BISCUITS PVT. LTD. & ANR., the Hon’ble High Court of Delhi orders Defendant to take down advertisements of its product causing disparagement of Plaintiff’s product.

The Plaintiff filed a suit against the Defendants seeking permanent injunction and damages for disparagement and infringement of Plaintiff’s design and BRITANNIA GOOD DAY BUTTER COOKIES/ GOOD DAY range of Cookies and for generic disparagement.

The Plaintiff submits that the impugned advertisement of Defendants had disparaged the Plaintiff’s cookies in order to promote its own Parle 20-20 cookies. Further, in the said advertisement, design of the cookies of Plaintiff was also used.

The Plaintiff has sought to include two further advertisements against which the Plaintiff has the same grievances as it had in respect of first Advertisement.

Considering facts of the case, the Hon’ble Court granted an ad-interim order and recorded an agreement between the parties, binding the Defendants to change the colour of packet as well as the design of the cookie.

The ld. counsel of the Defendants, without prejudice to their rights and contention, stated that they would like try and sort out the matter. The Defendants agreed to change the colour of the packet and the design of the cookie.

The Hon’ble Court further ordered that the Defendants shall not use any cookie image in any form of their advertisement or otherwise, which is violative of Plaintiff’s registered design in the future.

The Court disposed of the application.