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The Delhi High Court has issued an interim injunction to prevent the production and sale of butter cookies under the name ‘Good Time.’ This decision came after Britannia Industries Limited filed a complaint, alleging that the packaging of ‘Good Time’ cookies was nearly identical to Britannia’s popular ‘Good Day’ and ‘Good Day Butter Cookies.’
Justice Prathiba M Singh, who presided over the case, reasoned that ‘Good Day’ cookies and their packaging had gained significant recognition and goodwill in the market. Butter cookies like these are widely consumed by a diverse demographic, including children, literate individuals, and those in urban and rural areas. The packaging and brand of Britannia’s ‘Good Day’ have become widely recognized, making it crucial to protect against any potential consumer confusion.
The Court concluded that the packaging of ‘Good Time’ cookies appeared to be a deliberate imitation of Britannia’s ‘Good Day’ packaging. This intentional copying raised concerns about potential trademark infringement and passing off, as consumers could easily mistake the two products due to their packaging similarities.
As a result, the Court issued an interim order, restraining Amar Biscuit Pvt. Ltd., the company producing ‘Good Time’ cookies, from manufacturing, selling, or offering these butter cookies under the ‘Good Time’ name or any other mark that is identical or deceptively similar to Britannia’s ‘Good Day’ mark. The defendants were also instructed to remove any online listings of these infringing products within 48 hours.
Britannia further argued that the packaging of ‘Good Day Butter Cookies’ was not merely a trademark label but also an artistic work protected by copyright. They learned about the imitation through a consumer post on social media.
The Court considered the potential harm to Britannia if the interim injunction were not granted and found that Britannia could suffer irreparable losses. The similarity in packaging and branding could lead to brand dilution and market confusion, impacting Britannia’s goodwill and consumer trust.
In addition to the injunction, the Court ordered Amar Biscuit Pvt. Ltd. to provide a stock statement detailing all materials featuring the contested mark and packaging. This case demonstrates the importance of protecting trademarks, branding, and consumer trust in the marketplace, particularly when similar products with similar packaging risk causing confusion among consumers.