Britannia Industries Ltd filed a lawsuit against Desi Bites Snacks Pvt Ltd and others seeking a permanent injunction to stop them from using the 'GOOD DAY' trademark on confectionery like soan papdi, claiming they only became aware of this use in October 2024, and initially obtained a temporary court order halting the defendants' sales without notice, but this was later lifted by mutual agreement in February 2025 and the case was sent for mediation. Later, Britannia applied to amend their complaint to include details of a prior 2018 rectification petition against a related 'GOOD DAY' registration for papad and to add Jai Food Products and its proprietor Roop Chand Agarwal as new defendants, arguing they were necessary for resolving the full dispute since Roop Chand held a 2005 trademark registration for 'GOOD DAY' on papad and was a director of Desi Bites. In response, Desi Bites and another defendant filed an application accusing Britannia and its representative Omar Waziri of perjury for deliberately hiding prior knowledge of Roop Chand's mark and misrepresenting Desi Bites as a new entrant to create false urgency, pointing to errors in company details and addresses in the original filing. The core dispute centered on whether Britannia's omissions were intentional lies warranting criminal perjury proceedings and if the court should allow the amendments and additions of parties. The court reasoned that perjury requires clear evidence of deliberate falsehood for personal gain, but here the mistakes stemmed from genuine confusion over similar company names on product packaging versus official records, with no proof of intent to deceive, especially since Britannia's signer joined in 2021 unaware of the 2018 proceedings, and suppressing facts inadvertently did not justify perjury as it must be exceptional and based on unimpeachable evidence rather than suspicion. On amendments, the court noted they should be liberally granted to address the real issues without procedural barriers unless mala fide, and here they clarified the dispute without prejudice. Similarly, adding the new parties was essential as Roop Chand's registration and role made them key to fair adjudication. The court dismissed the perjury application, approved the plaint amendment and impleadment of the new defendants, directed filing of updated documents and responses, and set timelines for further steps.
Britannia Industries Ltd Vs Desi Bites Snacks P Ltd & Ors., 28/02/2026, CS(COMM) 983/2024, Not available, High Court of Delhi at New Delhi, Hon'ble Mr. Justice Tejas Karia.
Disclaimer: Do not treat this as substitute for legal advise as it may contain subjective errors. Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
