Disparaging Advertisements: Delhi High Court Directs Parle To Modify Two Ads In Trademark Infringement Suit By Britannia Cookies

In relief to Britannia which runs the product range Good Day Butter Cookies, the Delhi High Court has directed Parle Biscuits to take down two of its advertisements, disparaging the former's products.

Justice Pratibha M Singh directed Parle to ensure that it modifies the ads within 2 weeks by blurring the image of cookies displayed by them, which is similar to those sold and marketed by Britannia.

"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," the order stated.

It was the case of the plaintiff that 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.

An application was filed by the plaintiff seeking to include two further advertisements against which the Plaintiff had the same grievances which was regarding the packaging or the design of the cookies, being used.

"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," the Court ordered.

The Court also noted that it's earlier order dated 26th March, 2021 was already compiled with insofar as Advertisement No.1 which was impugned in the suit.

"In view thereof, no further reliefs are being sought in the present suit. 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," the Court said.

The suit was decreed accordingly.

Case Title: BRITANNIA INDUSTRIES LTD v. PARLE BISCUITS PVT. LTD & ANR.

Citation: 2022 LiveLaw (Del) 353

Click Here To Read Order