ITC LIMITED Vs. BRITANNIA INDUSTRIES LTD

JUDGEMENT

(1.) These Original Side Appeals are directed against the Order of the learned Single Judge, dtd. 10/10/2023 in O.A. Nos.551 to 555 of 2023 in C.S.(Comm Div) No.153 of 2023.

(2.) The Plaintiff, Britannia Industries Limited, filed the above Suit pleading that it was established in the year 1892, from which date, it has been manufacturing Biscuits in India. It started from a small house in Central Kolkata and now, it is a leading Food Company with approximately Rs.13,000.00 crores as Revenue. Its name itself has gained high reputation and goodwill and it has several products in the Market, which are very well known among the consuming public. While so, it has also adopted the mark 'GOOD DAY' in the year 1986 and by virtue of continuous extensive use, Advertisement and maintenance of high quality, GOOD DAY Biscuits is a well known Trade Mark throughout the country. Under the said umbrella mark, they are making and selling Butter Cookies, Cashew Cookies, Nut Cookies, Pista Badam Cookies, Choco Chunkies, etc.

(3.) The Applications for Injunctions were resisted by the Defendant by filing a common Counter Affidavit. It is the case of the Defendant that it is one of the India's leading Private Sector Companies having formidable presence in diversified fields. Its branded packaged Food business is one of the fastest growing Food businesses in India and it has several leading Brands including that of 'SUNFEAST'. The Defendant had a total income of Rs.62,336.00 crores for the Financial year 2021-2022 and its market capitalisation as on 31/3/2022 was about Rs.3,08,882.00 crores. It is into foods business from the year 2001. The Biscuits under the Brand name 'SUNFEAST' were started in the year 2003 and it is one of the top Brands in India.