The case titled "Lotus Bakeries N V Vs Micks Products LLP & Ors." (CS(COMM) 861/2025) was decided by the High Court of Delhi on August 20, 2025, before Justice Tejas Karia.
Summary:
The plaintiff, Lotus Bakeries N V, a Belgian company renowned for its "BISCOFF" trademark and distinctive biscuit shape, filed a suit for permanent injunction against the defendants Micks Products LLP and others for trademark infringement and passing off. The plaintiff has registered the "BISCOFF" trademark and associated biscuit shape internationally and in India, where it enjoys significant goodwill and commercial success. The defendants were found to have marketed and sold bakery products with a similar biscuit shape and packaging, including the use of the term "BISCO," which the plaintiff contended was phonetically and visually deceptive and likely to cause confusion. Despite receiving cease and desist notices, the defendants continued their infringing conduct, which included misleading packaging and marketing strategies mimicking the plaintiff’s brand identity. The Court held that the plaintiff made out a prima facie case of infringement and passing off, granting an ex-parte ad-interim injunction restraining the defendants from using the infringing mark, shape, packaging, and passing off the goods as those of the plaintiff. The matter was posted for further hearing.
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Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
