Delhi High Court Restrains Infringing Defendants From Using Britannia’s “Little Hearts” Mark

While granting relief to Britannia Industries Limited, the Delhi High Court has recently restrained Shri Swastik Organics and other infringing defendants from manufacturing, selling or marketing goods bearing the impugned mark and product shape “Little Hearts”, a registered trademark and iconic biscuit brand owned by Britannia, or any other mark, shape or name identical or deceptively similar to the plaintiff’s registered rights.

The ad interim injunction was passed by Justice Manmeet Pritam Singh Arora, who held that Britannia had satisfied all the legal requirements for interim protection.

“In the overall conspectus, the Plaintiff has made out a prima facie case for the grant of an injunction against Defendant Nos. 1 to 4. This Court is satisfied that if an ad interim injunction is not granted at this stage, irreparable harm and injury would be caused to the Plaintiff. The balance of convenience also lies in favour of the Plaintiff, and against Defendant Nos. 1 to 4,” the Court observed.

After examining the rival products placed on record, the Court found that the defendants had adopted a mark and product configuration identical to Britannia’s registered trademark and shape.

“A bare perusal of the aforesaid comparison, it is prima facie evident that the impugned mark ‘Little Hearts’, and the adoption of the impugned shapes, are identical to the Plaintiff’s registered trademark and shape,” the Court noted.

The Court also took serious note of the manner in which the infringing products were being sold online. It observed that the infringing defendants’ listing on Defendant No. 5’s e commerce platform expressly portrayed the impugned product as “Britannia Little Hearts” and was accompanied by images in which copyright vests with the plaintiff.

The Court noted that such conduct constituted an admission and reflected a clear and deliberate act of dishonest adoption. It added that the defendants’ use of the impugned mark and identical product shape demonstrated mala fide intent to misrepresent the origin of the goods and ride upon the goodwill and reputation garnered by Britannia.

Britannia submitted before the Court that it became aware of the infringement upon discovering online listings of deceptively identical “Little Hearts” biscuits being offered for sale under its brand name on an e commerce platform.

Upon further investigation, the plaintiff found that the defendants were manufacturing and marketing biscuits using the identical “Little Hearts” mark as well as the distinctive heart shaped configuration and packaging without any authorisation.

It was further submitted that “Little Hearts” is a well known brand with substantial market presence and consumer recognition across India, and that the defendants’ actions were calculated to deceive consumers and dilute Britannia’s statutory and proprietary rights.

Despite service of notice, none of the defendants appeared before the Court.

In view of the identical marks and shapes, dishonest adoption, likelihood of consumer confusion and the absence of any defence, the Court restrained the defendants from using the impugned mark and product shape in any manner until further orders.

“The infringing Defendants’ use of the impugned mark and identical product shape demonstrates their mala fide intent to misrepresent the origin of the impugned goods and ride upon the goodwill and reputation garnered by the Plaintiff,” Justice Arora held.

The matter has been listed before the Court on 21.05.2026.

Case Title: Britannia Industries Ltd v. Shri Swastik Organics & Ors

Bench: Justice Manmeet Pritam Singh Arora

Date: 23 December 2025