Delhi HC Grants Injunction to Britannia Industries in ‘Little Hearts’ Trademark Dispute [Read Order]

New Delhi: The High Court of Delhi has passed an ad interim injunction restraining Shri Swastik Organics and others from manufacturing, selling, marketing, or advertising goods bearing the trademark and shape of ‘Little Hearts’ biscuits, which the Court found to be identical to those of Britannia Industries Ltd.

The order, dated 23.12.2025, was delivered by Hon’ble Ms. Justice Manmeet Pritam Singh Arora in the case of Britannia Industries Ltd. v. Shri Swastik Organics & Ors. Britannia Industries Ltd., the Plaintiff, approached the Court seeking relief against the Defendants for infringement of its registered trademarks and copyright relating to its popular ‘Little Hearts’ biscuit.

Mr. Sagar Chandra, learned counsel for the Plaintiff, submitted that Britannia adopted the mark ‘Little Hearts’ in 1988 and launched the unique sugar-coated, heart-shaped biscuit in 1993. The Plaintiff holds registrations for the wordmark ‘Little Hearts’ as well as its distinctive 3D shape mark, claiming continuous use since 22.05.1993. The sales turnover for the ‘Little Hearts’ mark for the financial year 2024–2025 was stated to be ₹203.4 crores.

The Court was informed that the Plaintiff discovered an infringing product, also named ‘Little Hearts Biscuits’ and bearing an identical 3D shape, being sold on the platform of Defendant No. 5 (Amazon) by Defendant Nos. 1 to 4—Shri Swastik Organics, Sujal Maheshwari, Nilesh Maheshwari, and Nilesh Bhootra (collectively referred to as the “infringing Defendants”).

The Court further noted the dishonest conduct of the infringing Defendants, observing that their listing on Amazon expressly referred to ‘Britannia Little Hearts’ and the “trademark gold and red pack,” and reproduced images in which the Plaintiff holds copyright. The Court observed:

“The infringing Defendants’ listing on Defendant No. 5’s platform, wherein the impugned product is expressly portrayed as ‘Britannia Little Hearts’ and accompanied by images in which copyright vests in the Plaintiff, constitutes an admission as well as a clear and deliberate act of dishonest adoption.”

Upon a bare perusal of the comparison chart presented by the Plaintiff, the Court found that “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 further characterized the matter as “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 concluded that the Plaintiff, being the prior user and registered owner, had made out a prima facie case for the grant of an injunction, noting that:

“To an unwary consumer of average intelligence and imperfect recollection, the marks are likely to appear identical, thereby leading consumers to associate the infringing Defendants’ business with that of the Plaintiff.”

Accordingly, the Court restrained Defendant Nos. 1 to 4 from using, manufacturing, selling, marketing, or advertising goods bearing the impugned mark/shape ‘Little Hearts’ or any similar mark. Additionally, Defendant No. 5 (Amazon) was directed to “delist/take down all the impugned products of Defendant Nos. 1 to 4 bearing the impugned mark/shape, which are listed on its platform.”

The matter is listed before the Joint Registrar (Judicial) on 10.02.2026 and before the Court on 21.05.2026.

Case Details:

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

Case Number: CS(COMM) 1393/2025 & I.As. 32346–50/2025

Court: High Court of Delhi

Bench: Hon’ble Ms. Justice Manmeet Pritam Singh Arora

Date of Order: 23.12.2025

Appearance for Plaintiff: Mr. Sagar Chandra, Ms. Ishani Chandra, Ms. Shubhie Wahi, Ms. Sanya Kapoor, and Ms. Mansha Bhatia, Advocates

[Read Order]