Key Points
The Delhi High Court has asked cookie-maker, Amar Biscuit, to stop selling or manufacturing Good Time butter cookies, following a complaint by Britannia, that sells and manufactures the popular Good Day cookies..
The court, ruling in favour of Britannia, said that if an interim injunction is not passed then it will cause irreparable loss and harm to the company..
Accordingly, till the next date of hearing, the Defendants and all other acting for or on their behalf shall stand restrained from manufacturing, selling, offering for sale butter cookie biscuits or any other products in the infringing packaging which is extracted above under the name GOOD TIME/GOOD TIME BUTTER COOKIES or any other mark which is identical or deceptively similar to the Plaintiffs mark GOOD DAY/GOOD DAY BUTTER COOKIES..
The company said that Amar Biscuit adopted an identical colour combination of blue, yellow and white, used the term Good Time in a fashion similar to Good Day, the house mark of Sugar has been used in a similar manner and colours as Britannia, similar placement of the cookie, and identical placement of the words Good Time as Good Day.. The company accused the defendants of fully thought out and deliberate attempt to copy and imitate the plaintiffs cookies packaging...
The enormous turnover of the Plaintiff for the Britannia GOOD DAY cookies leaves no doubt in the mind of the Court that the said packaging and product achieved enormous recognition and goodwill in the market..
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