‘Case Of Triple Identity’: Delhi High Court Grants Relief To Britannia In ‘Little Hearts’ Trademark Dispute; Asks Amazon To Delist Products Of Infringing Entities
The Delhi High Court has granted an ad interim injunction in favour of Britannia Industries and restrained the infringing entities from using goods bearing the ‘Little Hearts’ mark. The High Court noted that it was a case of triple identity and also asked Amazon to delist all the impugned products.
The High Court highlighted the fact that the use of the impugned mark and the identical product shape demonstrated the mala fide intent to misrepresent the origin of the impugned goods and ride upon the goodwill and reputation garnered by the Plaintiff.
The Single Bench of Justice Manmeet Singh Arora stated, “This is a case of triple identity where the marks are virtually identical, the products are identical, and the trade channel, as well as the consumer base, is identical. The Plaintiff, being the prior user, adopter, and the registered owner of the trademark/shape ‘Little Hearts/ ’ mark, is entitled to protection. To an unwary consumer of average intelligence and imperfect recollection, the marks are likely to appear identical, thereby leading the consumers to associate the infringing Defendants’ business with that of the Plaintiff.”
The Bench also ordered, “Defendant No.5 is directed to delist/take down all the impugned products of Defendant Nos. 1 to 4 bearing the impugned mark/shape, which is listed on its platform.”
Advocate Sagar Chandra represented the Plaintiff.
Factual Background
The Plaintiff/Britannia Industries Ltd. claimed that it is a leading food company in India with over Rs 17942 crores in revenue. The Plaintiff adopted ‘Little Hearts’ in the year 1988, and in 1993, the Plaintiff launched a unique type of sugar-coated, heart-shaped biscuit. One of the leading brands of the Plaintiff is ‘Little Hearts’ (‘Plaintiff’s mark’), which has been registered as a wordmark in class 30 with a user claim. In December 2025, the Plaintiff came across the product ‘Little Hearts Biscuits’ (impugned product) bearing the trademark ‘Little Hearts’.
It was stated that despite having knowledge that the Plaintiff is the prior user of the ‘Little Hearts’ mark/3D shape mark, the infringing Defendants had adopted an identical mark/shape, and thus, were bound to cause confusion among the relevant consumers. As per the plaintiff, it was a calculated attempt to mislead the consumer into believing that the impugned products were manufactured or associated with the Plaintiff.
Reasoning
On a perusal of the comparison of the marks, the Bench noted that it was prima facie evident that the impugned mark ‘Little Hearts’, and the adoption of the impugned shapes, were identical to the Plaintiff’s registered trademark and shape.
The Bench noted that the infringing Defendants’ listing on the defendant Amazon’s platform, wherein the impugned product was expressly portrayed as ‘Britannia Little Hearts’ and accompanied by images in which copyright vests in the Plaintiff, constituted admission as well as a clear and deliberate act of dishonest adoption.
The Bench thus held that the Plaintiff had made out a prima facie case for the grant of an injunction against the Defendants. “This Court is satisfied that if an ad interim injunction is not granted at this stage, irreparable harm/ injury would be caused to the Plaintiff”, the Bench stated.
The Bench thus restrained the infringing defendants from using, manufacturing, selling, marketing and advertising its business and/or allowing or permitting third parties to use, market and/or advertise the goods bearing the impugned mark/shape ‘Little Hearts/ ’ and/or any other trade mark/shape or name identical and/or similar to the Plaintiff's registered trademarks ‘ Little Hearts/ and its formatives in any manner whatsoever.
Cause Title: Britannia Industries Ltd. v. Shri Swastik Organics & Ors. (Case No.: CS(COMM) 1393/2025)
Appearance
Plaintiff: Advocates Sagar Chandra, Ishani Chandra, Shubhie Wahi, Sanya Kapoor, Mansha Bhatia