The Delhi High Court has directed Parle Biscuits to modify two of its advertisements by blurring the image of the cookies used in the ads since they resemble Britannia’s Good Day biscuits [Britannia Industries Private Limited v Parle Biscuits Pvt Ltd and Anr].
Single-judge Justice Prathiba M Singh directed Parle to ensure that two of its advertisements are modified within two weeks so that the cookie image resembling Good Day biscuits are no longer visible in the said advertisements on any online platform from May 1.
The Court was dealing with a suit filed by Britannia seeking permanent injunction and damages against Parle for disparagement and infringement of its design of Good Day range of cookies.
Britannia’s plaint related to three advertisements used by Parle to promote its Parle 20-20 cookies.
While in March, Parle had agreed to change the design of the packaging and the cookies in one of its advertisements, the plaintiffs pointed out that in two remaining advertisements there was no issue of packaging but cookie design was the same.
After some discussion, the counsel appearing for Parle said that they are ready to blur the image of the cookies.
“…it is directed 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, onward,” the Court said.
The Court further directed Parle to ensure that they shall not use any cookie image in any form of their advertising which is violative of Britannia’s registered design.
Advocates Sagar Chandra, Ishani Chandra, Shubhie Wahi, Sanya Kapoor, along with legal officer Omar Waziri appeared for Britannia.
Parle was represented by advocates NK Bhardwaj and Bikash Ghorai along with its Associate Senior Manager Vrushal Uttarde.
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