Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:21.04.2022
07:18:01
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 19th April, 2022
+ CS (COMM) 129/2021 & I.A. 14331/2021
BRITANNIA INDUSTRIES LTD ..... Plaintiff
Through: Mr. Sagar Chandra, Ms. Ishani
Chandra, Ms. Shubhie Wahi, Ms.
Sanya Kapoor, Advocates (M:
9810907412) with Mr. Omar Waziri,
Legal Officer
versus
PARLE BISCUITS PVT. LTD & ANR. ..... Defendants
Through: Mr. N.K. Bhardwaj and Mr. Bikash
Ghorai., Advocates. (M:9818318973)
with Vrushal Uttarde, Associate Sr.
Manager.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
I.A. 7966/2021(u/O VI R 17 CPC)
2. The present suit had been filed by the Plaintiff seeking permanent
injunction and damages against the Defendants, for disparagement and
infringement of the Plaintiff’s design and BRITANNIA GOOD DAY
BUTTER COOKIES/ GOOD DAY range of Cookies and for generic
disparagement. The case of the Plaintiff is that the impugned advertisement
of the defendants had disparaged the Plaintiff’s cookies (hereinafter
“Advertisement No.1”) to promote its own Parle 20-20 cookies and in the
said advertisement, the design of the cookies of the Plaintiff was also being
used.
3. This is an application under Order VI Rule 17 CPC seeking to include
CS(COMM) 129/2021 Page 1 of 6
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two further advertisements (hereinafter “Advertisement Nos. 2 and 3”),
against which the Plaintiff has the same grievances as it had in respect of
Advertisement No.1 i.e., the packaging and/or the design of the cookies,
being used. The screenshots of the said Advertisements, as placed on record,
are as below:
(i) Advertisement No.2
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(ii) Advertisement No.3
4. Having seen the frames of the impugned Advertisement Nos. 2 and 3,
since the theme of the said two advertisements is the same as the first
advertisement, and the cookie design is also claimed to be similar to the
design used in Advertisement No.1, the amendment is allowed.
5. The amended plaint is taken on record.
6. Accordingly, I.A. 7966/2021 is disposed of.
CS (COMM)-129/2021 & I.A. 14331/2021 (stay)
7. Insofar as Advertisement No.1 is concerned, vide order dated 26th
March, 2021, this Court had granted an ad-interim order and recorded an
agreement between the parties in the following terms:
“2. Essentially the grievance of the plaintiff is
regarding the advertisement uploaded on YouTube by
the defendants. It is claimed that the defendants seek to
promote their product Parle 20-20 cookies by
denigrating, defaming and disparaging the plaintiffs
Britannia Good Day Butter Cookies/Good Day range
of cookies.
3. After some arguments, learned counsel for the
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Signing Date:21.04.2022
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defendants very fairly, without prejudice to their rights
and contentions, stated that they would like to try and
sort out the matter.
4. Both the parties have agreed that in the
advertisement in question, the colour of the packet of
the cookies shall be as follows:-
5. Similarly, regarding the design of the cookies, it is
agreed that the same shall be as follows:-
6. Essentially the design is that the first line of the
cookie is curved while subsequent lines below the first
line being straight lines.
7. Binding the defendants to the above, the present
application is disposed of.
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Signing Date:21.04.2022
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8. Learned counsel for the defendants states that they
will take one week's time from today to pull down the
impugned advertisement.”
In terms of the above order, the Defendant had agreed to change the colour
of the packet as also the design of the cookie.
8. Ld. counsel for the parties have now conferred with each other and on
instructions from their clients, it is submitted by Mr. Bhardwaj, ld. Counsel
for the Defendants, that in both the advertisements i.e, Advertisement No.2
and Advertisement No.3, there is no issue of packaging that exists, however,
insofar as the cookie design is concerned, in order to ensure that the
grievance of the Plaintiff is redressed, the Defendants are willing to blur the
cookie image in the said two advertisements. This is agreeable to the Plaintiff.
9. Accordingly, it is directed that the Defendants shall ensure that within
two weeks from now, the impugned Advertisement No.2 and Advertisement
No.3 shall be modified with the blurred image of the cookie and the
currently used cookie image would be no longer visible in the said
advertisements on any online platforms from 1st May, 2022, onwards.
10. Insofar as Advertisement No.1 which was impugned, the order dated
26th March, 2021, has already been compiled with. In view thereof, no further
reliefs are being sought in the present suit.
11. It shall be ensured that the Defendants shall not use any cookie image
in any form of their advertising or otherwise, which is violative of the
Plaintiff’s registered design, in terms of the above order and the order dated
26th March, 2021, in the future.
12. The suit is decreed in the above terms. The Plaintiff does not press for
damages or costs. Decree sheet be drawn up accordingly.
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By:DEVANSHU JOSHI
Signing Date:21.04.2022
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13. The present order has been passed on the basis of the counsels’
submissions, who have obtained instructions from Mr. Omar Waziri, Legal
Officer of the Plaintiff and Mr. Vrushal Uttarde, Associate Sr. Manager of
the Defendants, both of whom are present in Court.
14. All pending applications are also disposed of.
PRATHIBA M. SINGH
JUDGE
APRIL 19, 2022
dj/ms
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