CASE NOTE
Britannia Industries Ltd. ….. Plaintiff
versus
Parle Biscuits Pvt. Ltd & Anr. ….. Defendants
FACTS:
The case of the Plaintiff is that the impugned advertisement of the defendants had disparaged the Plaintiff’s cookies 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.
For the advertisement number 1- Defendants agreed to pull out the advertisements within one week.
Both the parties agreed for change in the color of packaging and design of the cookies.
Thereafter, the Plaintiff had filed an application under Order VI Rule 17 CPC for the amendment of pleadings, seeking to include Advertisement number 2 & 3 against which the Plaintiff has the same grievances as it had in respect of earlier advertisement I.e the packaging and/or design of the cookies, being disparaged.
ISSUE:
Whether the use of another’s trade mark/ design in one’s Advertisement to promote their product and disparage another’s will amount to infringement?
CONTENTIONS:
Ld. counsel for the parties conferred with each other and on instructions from their clients, the Defendants, in both the advertisements i.e. Advertisement No.2 and Advertisement No.3, are willing to blur the cookie image. The Plaintiff also agreed that there is no issue of packaging that exists.
HELD:
The Bench of Justice Prathiba Singh directed Defendants to modify it’s advertisements. It was held 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. The court further held that Defendants shall not use any cookie image in any form of their advertising or otherwise which is violative of the Plaintiff’s registered design.
DUCTUS EDGE 