BRITANNIA INDUSTRIES LTD Vs. PARLE BISCUITS PVT. LTD

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit had been filed by the Plaintiff seeking permanent injunction and damages against the Defendants, for disparagement and infringement of the Plaintiff's design and BRITANNIA GOOD DAY BUTTER COOKIES/ GOOD DAY range of Cookies and for generic disparagement. The case of the Plaintiff is that the impugned advertisement of the defendants had disparaged the Plaintiff's cookies (hereinafter "Advertisement No.1") 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.

(3.) This is an application under Order VI Rule 17 CPC seeking to include two further advertisements (hereinafter "Advertisement Nos. 2 and 3"), against which the Plaintiff has the same grievances as it had in respect of Advertisement No.1 i.e., the packaging and/or the design of the cookies, being used. The screenshots of the said Advertisements, as placed on record, are as below: