Delhi HC restrain order on infringing Britannia’s ‘Little Hearts’ mark

The Delhi High Court has restrained a manufacturer and others from infringing the trademark and shape of Britannia’s ‘Little Hearts’ biscuits. Justice Manmeet Pritam Singh Arora was hearing a suit filed by the Britannia Industries Ltd, claiming that Shri Swastik Organics and others were not only using its trademark but also using an identical 3D shape for selling biscuits online.

In an interim order dated December 23, the court said, “This is a case of triple identity where the marks are virtually identical, the products are identical, and the trade channel, as well as the consumer base, is identical.” The court said that the plaintiff (Britannia), being the prior user, adopter, and the registered owner of the trademark or shape of ‘Little Hearts’ was entitled to protection. “Plaintiff has made out a prima facie case for the grant of an injunction against defendants (Shri Swastik Organics and others). This court is satisfied that if an ad interim injunction is not granted at this stage, irreparable harm/ injury would be caused to the plaintiff,” the court said. It restrained the defendant company and its partners from using, manufacturing and selling the goods bearing Britannia’s trademark or any deceptively similar mark.

The court also ordered an e-commerce platform to delist or take down all the products having the infringing mark or shape. It listed the matter for further hearing on May 21, 2026.