BRITANNIA INDUSTRIES LIMITED vs RAJAT CHAWLA SOLE PROPRIETOR OF MADHVE GLOBAL ENTERPRISES

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 480/2024 & I.A. 31014/2024 Reserved on: 17th November, 2025 Date of Decision: 24th March, 2026 Date of uploading: As per digital signature BRITANNIA INDUSTRIES LIMITED .....Plaintiff Through: Mr. Sachin Gupta, Ms. Mahima, Ms. Prashansa Singh, Ms. Diksha Tekriwal and Mr, Rohit Pradhan, Advocates versus RAJAT CHAWLA SOLE PROPRIETOR OF MADHVE GLOBAL ENTERPRISES .....Defendant Through: Mr. Divyanshu Choudhary and Mr. Kartik Kumar Aggarwal, Advocates. % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J: I.A. 31014/2024 (under Order XXXIX Rules 1 and 2 CPC) 1. The present application has been filed under Section 94 read with Order XXXIX Rules 1 and 2, and Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], seeking a temporary injunction against the Defendant. 2. The underlying suit has been filed by the Plaintiff inter alia seeking the relief of permanent injunction and other ancillary reliefs to restrain the Signature Not Verified Signed By:MOHIT Signing CS(COMM) 480/2024 Page 1 of 24 Date:25.03.2026 18:51 Defendant from using the mark [‘impugned mark’]. CASE SET UP IN THE PLAINT 3. The Plaintiff is a leading food products company in India. The Plaintiff’s product portfolio primarily comprises bakery products, such as biscuits, bread, and cake, and dairy products, such as cheese and milk. 3.1. The Plaintiff adopted the mark ‘BRITANNIA’ as a trademark and tradename at least since 1918. The wordmark ‘BRITANNIA’ has been declared as a well-known mark by the registry on 08.01.2024. Additionally, the Plaintiff also has copyright registrations, which have been set out at paragraph ‘42’ of the plaint. 3.2. In particular, in 2018, the Plaintiff adopted the trademark bearing TM no