Executive Summary
The Madras High Court upheld the interim injunction granted against the defendant for infringing on the plaintiff's trademarks and trade dress related to 'Good Day' biscuits. The court found that the adoption of an identical blue color scheme by the competitor, Sunfeast, amounted to passing off and confusing the public. However, in a concession to the defense, the court permitted the existing stock of the offending product (23.7 tonnes) to be sold.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Madras High Court. Understanding the court's reasoning in ITC Limited vs Britannia Industries Ltd. is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
T.K. Shawal Industries Pvt. Ltd.vsController Of Patents And Designs & Ors.
T.K. Shawal Industries Pvt. Ltd. challenged the registration of Design No. 252082, arguing that the scarf's surface pattern lacked originality and was anticipated by prior knowledge or publication. The court examined evidence regarding prior sales invoices and Wikipedia documents but found no cogent proof of novelty infringement. While dismissing the cancellation petition, the High Court noted an apparent clerical error in the certificate of registration date and directed the Controller to make the necessary correction.
Hindustan Unilever LimitedvsFabs Industries
Hindustan Unilever Limited filed a suit against Fabs Industries for infringement of its trademarks ('SURF/SURF EXCEL', Splat logo) and copyrighted trade dress. The parties reached a settlement, which was formalized through Consent Minutes of Order.
Hero Investcorp Pvt Ltd And AnrvsAshok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
Sebille Educations Pvt. Ltd.vsNikita Dubey Rai
Sebille Educations Pvt. Ltd. filed a suit against Nikita Dubey Rai, alleging infringement of its registered trademark 'LITTLE EINSTEINS' and associated copyrights in the field of educational services. The plaintiffs sought permanent injunctions against the use of deceptively similar marks like 'LEARNING EINSTEINS'. However, both parties amicably settled their dispute through a joint memorandum of compromise dated February 6, 2025.
Jan Aushadhi SanghvsM/S. Pharmaceuticals And Medical Devices Bureau of India (PMBI)
The Delhi High Court addressed an appeal filed by Jan Aushadhi Sangh challenging a lower court's judgment that granted injunction and damages to PMBI for trademark infringement. While the core dispute over the injunction was maintained, the High Court provided relief regarding the financial aspect of the ruling. The appellant was permitted to stay the execution of the Rs. 10 lakh damage award upon depositing Rs. 5 lakhs with the court, though the injunction against further alleged infringement remains in force.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.