Delhi High Court restrains Desi Bites from using ‘Good Day’ mark

The Delhi High Court recently restrained a company called Desi Bites from using the mark ‘GOOD DAY’, in a trademark infringement case filed by Good Day biscuit manufacturer, Britannia [Britannia Industries Limited vs. Desi Bites Snacks P Ltd & Ors.]..Britannia has sued Desi Bites over the latter's sale of confectioneries such as soan papdi and papad under the name ‘GOOD DAY.'.On November 7, Justice Mini Pushkarna issued a temporary injunction against Desi Bites to restrain it from distributing, selling, offering for sale, promoting, advertising, marketing, or trading under the mark 'GOOD DAY' till the case is heard next.The Court also ordered a takedown of online postings or listings of any Desi Bites products that infringe on Britannia's GOOD DAY trademark. "Defendants are further directed to take down their infringing listings on their website and other e-commerce websites," the order said. .Britannia has submitted that it holds several trade mark registrations for the mark 'GOOD DAY' since 1986 for items such as, biscuits, bread, coffee, tea, flour, non-medicated confectionery. It added that the Intellectual Property Appellate Board (IPAB) has already declared Britannia’s trademark ‘GOOD DAY’ as a well-known mark. It was further submitted that the Delhi High Court has earlier passed favourable orders protecting Britannia's rights in other trademark infringement suits.Britannia has argued that Desi Bites is attempting to ride on the goodwill and reputation established by Britannia. It added that such unauthorized use of the GOOD DAY trademark is likely to tarnish and dilute Britannia's reputation and cause confusion among customers, thereby damaging the distinctiveness and goodwill that Britannia has built over decades..The Court found that Britannia had made out a prima facie case for the grant of interim relief, and that Britannia may suffer irreparable loss if such relief is not granted. Therefore, it granted an ex-parte (meaning that Desi Bites was not present) injunction in favour of Britannia until March 10, 2025, when the trademark case will be heard next. .Advocates Sachin Gupta, Rohit Pradhan, Ajay Kumar, Prashansa Singh, Adarsh Aggarwal, Archna and Tanmay Sharma appeared for Britannia..[Read order]