Court Restrains Defendants from Using 'Little Hearts' Trademark and Shape, Citing Prima Facie Evidence of Infringement
In a significant ruling on December 23, 2025, the Delhi High Court, presided over by Justice Manmeet Pritam Singh Arora, granted an ad interim injunction to Britannia Industries Ltd., a prominent player in the Indian food industry, against Shri Swastik Organics and others. The order was issued in response to a trademark infringement case involving Britannia's 'Little Hearts' brand.
Britannia Industries, established in 1918, had registered its 'Little Hearts' mark in 2022, with a history of use dating back to 1993. The company also holds a 3D shape mark registration for its distinctive heart-shaped biscuits. The plaintiff sought urgent judicial intervention after discovering that the defendants were selling products identical in name and shape on the Amazon platform, under the trademark 'Little Hearts.'
The court found that the defendants were not only using the identical name but also replicating the 3D shape of Britannia's trademarked product, thus misleading consumers into associating the infringing products with Britannia. Justice Arora acknowledged that the plaintiff had made a prima facie case for trademark infringement, demonstrating 'triple identity' - identical marks, products, and trade channels.
The court's decision emphasized the defendants' mala fide intent, noting that their actions were a calculated attempt to capitalize on Britannia's established market presence and reputation. The court ruled that the balance of convenience and potential for irreparable harm favored Britannia.
As per the court's directions, the defendants are restrained from manufacturing, selling, or advertising any products under the impugned trademark 'Little Hearts' or using the heart-shaped design. Additionally, Amazon, as a platform, was ordered to delist the infringing products.
The judgment underscores the court's commitment to protecting intellectual property rights, especially in cases where trademark infringement is apparent. The decision reinforces the legal framework that supports businesses in safeguarding their brand identity and market reputation against unauthorized use.
Bottom Line:
Trademark infringement - Prima facie case established for grant of an injunction against defendants for using identical mark and shape of Plaintiff's registered trademark 'Little Hearts'.
Statutory provision(s):
- Commercial Courts Act, 2015 Section 12A
- Civil Procedure Code, 1908 Section 151, Order XI Rule 1(4), Order XXXIX Rule 1 and 2, Order XXXIX Rule 3
Britannia Industries Ltd v. Shri Swastik Organics, (Delhi) : Law Finder Doc Id # 2831363
