The Delhi High Court has granted an ad-interim injunction in favour of Britannia Industries Ltd., restraining multiple defendants from using the trademark and 3D shape mark “Little Hearts” in relation to biscuits and allied products, holding that the case disclosed clear trademark infringement and dishonest adoption.
Justice Manmeet Pritam Singh Arora, while hearing Britannia’s commercial suit, observed that a prima facie comparison of the rival products showed that the impugned mark and product shape were identical to Britannia’s registered trademark and shape mark for Little Hearts biscuits. The Court noted that Britannia is the prior user and registered proprietor of the mark and shape, with use dating back to 1993.
Taking note of the comparison chart placed on record, the Court held that this was a case of “triple identity”, where the marks, products, trade channels, and consumer base were identical. It further observed that to an unwary consumer of average intelligence, the impugned products were likely to cause confusion and false association with Britannia.
The Court held that “infringing Defendants’ use of the impugned mark and the identical product shape alsodemonstrates their mala fide intent to misrepresent the origin of the impugned goods and ride upon the goodwill and reputation garnered by the Plaintiff.”
Finding that Britannia had established a strong prima facie case, and that refusal of interim relief would cause irreparable harm, the Court held that the balance of convenience lay in favour of the plaintiff.
Accordingly, the Court restrained Defendant Nos. 1 to 4 from manufacturing, selling, marketing, or advertising any goods bearing the impugned “Little Hearts” mark or shape, or any deceptively similar variant. The Court also directed Amazon to delist and take down all infringing product listings from its platform.
The matter has been listed before the Joint Registrar for completion of pleadings and before the Court for further hearing on May 21, 2026.
Appearances
Plaintiff- Mr. Sagar Chandra, Ms. Ishani Chandra, Ms. Shubhie Wahi, Ms. Sanya Kapoor and Ms. Mansha Bhatia, Advocates
Defendants- None
