Britannia Industries Ltd. (Britannia) approached1 the Delhi High Court seeking a permanent injunction against Parle Biscuits Pvt. Ltd. (Parle) restraining Parle from issuing or telecasting an advertisement disparaging the goodwill and reputation of Britannia and its Cookies sold under the packaging/Design Britannia Good Day Butter Cookies / Good Day.
Britannia’s grievance was regarding an advertisement uploaded on YouTube by Parle wherein Parle promoted its product: “Parle 20-20” by apparently denigrating Britannia’s Good Day Butter Cookies/ Good Day range of cookies. It claimed that through the said advertisement Parle is implying that other Cookies are inferior or tasteless.
It claimed that the advertisement depicts cookies that are identical and /or are deceptively similar to Britannia’s Good Day Range of Cookies. Britannia claimed that this is a violation of its Registered Design for GOOD DAY (Design bearing No. 270172 in Class 01- 01).
Britannia also sought a permanent injunction from the Court restraining Parle from issuing or telecasting the subject Advertisement in any language or issuing any other advertisement which is in any manner/medium disparaging the goodwill and reputation of Britannia and its products sold under the mark/design Britannia Good Day Butter Cookies / GOOD DAY Range of Cookies or similar designs. After several arguments, Parle sought to settle the matter amicably.
Britannia and Parle have agreed that in the advertisement in question, the colour of the packet of the cookies shall be as follows:-
And the design of the cookies shall be “the first line of the cookie is curved while subsequent lines below the first line being straight lines.”
Hence the Court disposed of the present suit, on the consent terms agreed between the parties. Parle stated that it will take one week’s time from the date of settlement to pull down the impugned advertisement
The Link LonkApril 02, 2021 at 09:31PM
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A Good Day for Britannia and Parle! - Lexology
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