BRITANNIA INDUSTRIES LTD Vs. CREMICA AGRO FOODS LTD

JUDGEMENT

(1.) In this action for passing off, the Plaintiff seeks a permanent injunction against the Defendant to restrain its use of the trademark "GREETINGS" in relation to biscuits. This order will dispose of the Plaintiffs application for ad-interim injunction, and the Defendant's application under Order 39, Rule 4, for vacation of the subsisting injunction. Two other applications are also disposed of by this order. An ex-parte injunction had been issued against the Defendants enjoining their use of the mark, on 20-12-2006.

(2.) The Plaintiff, a company incorporated since 1918, with its registered office at Kolkata, claims to be engaged in the production and distribution of a wide range of bakery and confectionary products. It owns several brands and sub-brands. It has registered trademarks such as "Britannia";" Britannia Eat Healthy, Think Better"; it also avers to owning registered "sub-brands" such as "Good Day"; "Little Hearts" "50-50" "TIGER" etc. It alleges to have launched the "GREETINGS" range of biscuits in a festival pack, in the September 2005, specially to cater to the festive season of Divali and Christmas. According to the suit averments, this sub-brand contains combination pack containing biscuit packets, cookies and cakes.

(3.) The Plaintiff alleges that considerable amounts were spent by it in the advertisement campaign ("media blitzkrieg"). It relies on a large number of invoices issued by advertising companies and concerns, as well as TV channels, for airing its advertisements, in promotion of the product. According to averments, the expenditure on the media campaign for the product in 2005-2006 was Rs. 1.65 crores and for the next year, till filing of the suit, it was Rs. 1.15 crores. According to the Plaintiff, the combination pack idea was a success, evidenced by its sales - to an extent of 780 tonnes or Rs. 6.5 crores in 2005-06 and 1500 tonnes or Rs. 14 crores, the next year.