The Delhi high court has restrained the unauthorised sale of confectionery and other food products under the famous "Good Day" mark.
Justice Mini Pushkarna's direction came on a lawsuit by Britannia Industries Ltd, which sells biscuits under the registered trademark "Good Day".
The court further directed the offending sellers to take down the infringing listings from their websites and other e-commerce platforms.
"The defendants are further directed to take down their infringing listings on their website and other e-commerce websites," it further said.
The plaintiff company claimed the defendant entities were selling "soan papdi", a type of sweet, and other products under the "Good Day" trademark without authorisation, therefore attempting to ride on its goodwill and reputation.
The high court held the plaintiff had a prima facie case and if no ex-parte ad-interim injunction was granted, it would suffer an irreparable loss.
"...till the next date of hearing, the defendants ... are restrained from distributing, selling ... confectionery/sweetmeats/food products, including, but not limited to papad, or any other product under the impugned mark GOOD DAY," the court ordered on November 7.
The court clarified the defendants were also restrained from selling products with any other identical or deceptively similar trademark.
The plaintiff argued that by adopting an identical mark, the defendants were attempting to create an association with its range of products which was likely to cause confusion among members of the public besides violating the trademark protection law. -- PTI
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