Court finds ‘triple identity’ trademark infringement; Amazon told to remove listings
The Delhi High Court has granted an ad-interim injunction to Britannia Industries, restraining Shri Swastik Organics and its associates from manufacturing, selling or marketing biscuits under the name “Little Hearts” or using an identical heart-shaped biscuit design.
In an order dated 23 December 2025, Justice Manmeet Pritam Singh Arora held that the rival products were virtually indistinguishable from Britannia’s flagship “Little Hearts” biscuits and that the adoption of the mark and design amounted to a “clear and deliberate act of dishonesty”. The restraint will continue until further orders.
The court observed that the name, biscuit shape and trade channels used by the defendants were identical to those of Britannia, and that the sale of such products was likely to mislead consumers. It noted that an average buyer, with imperfect recollection, would be prone to assume an association with Britannia.
Britannia told the court that it has been using the “Little Hearts” trademark since 1988 and launched its sugar-coated, heart-shaped biscuits in 1993. The company said it holds trademark registrations for both the word mark and the three-dimensional biscuit shape, and placed its sales figures on record to demonstrate the scale of revenue and goodwill generated by the brand.
According to Britannia, it discovered in December 2025 that biscuits bearing the identical “Little Hearts” name and heart-shaped design were being sold on Amazon. After purchasing the product, the company found that Shri Swastik Organics and its associates were acting together in marketing the disputed goods.
The company further submitted that the online listings went beyond copying the name and shape. The product descriptions explicitly referred to “Britannia Little Hearts” and a “trademark gold and red pack”, and also displayed images of Britannia’s original product, over which it claims copyright.
After comparing the competing products, the court held that the case involved “triple identity”, identical marks, identical goods and identical trade channels aimed at the same consumers. It ruled that Britannia had established a strong prima facie case and that denial of interim relief would cause irreparable injury. The balance of convenience, the court said, was clearly in the company’s favour.
The court therefore restrained Shri Swastik Organics and its associates from using the “Little Hearts” mark or biscuit shape, or any identical or deceptively similar mark, and from dealing in images in which Britannia claims copyright. Amazon was directed to take down all infringing listings from its platform.
The matter will next be heard on 21 May 2026.
