A Bengaluru-based bakery Happy Belly has sued Amazon and won a civil suit for impinging on their trademark. The multinational e-commerce website has been selling a variety of products under a similar name, Happy Belly.
The Bengaluru Civil Court order accessed by The Quint has clearly ruled in the favour of Happy Belly Bakes on 30 August 2022 and asked Amazon to refrain from using the petitioner's brand name or logo.
Happy Belly Bakes Humbles Amazon?
Shisham Hinduja, a small-time baker started her business in Bengaluru in 2008. Opening a small outlet near MG Road in Bengaluru, the bakery was named Regalar, which means 'The Gift' in Spanish.
After a year of success, Hinduja decided to expand her business and open her first shop under the changed named Happy Belly on Primrose Road, near Craig Park Layout.
She later decided to register her trademark and applied for registration on 14 July 2015. Eventually in October 2016, the bakery Happy Belly was given the trademark by Controller General of Patents, Designs and Trademarks, (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India.
An outlet of Happy Belly Bakes on Primrose Road in Bengaluru.
(Photo: Accessed by The Quint)
Speaking to The Quint, Kapil Hinduja, brother of Shisham Hinduja said, "We have a registered trademark and have adopted this (the name) since 2010. This was much before Amazon decided to launch their brand under the same name globally."
Meanwhile, in June 2016, e-commerce and technology giant Amazon Inc launched private labels Happy Belly, Wickedly Prime, and Mama Bear globally.
Under these new brands, Amazon sold perishable commodities like snacks, nuts, spices, tea, coffee, baby food, and even vitamin tablets.
Specifically under the brand Happy Belly, the e-commerce giant sold chips, dips, cookies, crackers, granola bars, pretzels, snack nuts, broth, butter, honey, and sugar. The website also shows spices and oil to be the bestsellers among global purchasers. Meanwhile, the brand which was also launched in India sold only nuts and spices.
On realising that Amazon went ahead with the planned brand name, and was selling products under the private label with the exactly the same name – Happy Belly, Shisham Hinudja took Amazon to court for trademark violation.
A partial range of of products launched by Amazon under a private label called Happy Belly.
(Photo: Amazon Inc)
The proceedings took four long years, but the lower court gave an order in favour of Happy Belly Bakes. As per the copy of the order accessed by The Quint, the court has permanently restrained Amazon from infringing or passing off on the plaintiff’s trademark "Happy Belly Bakes."
Amazon Inc, Amazon India, and Cloudtail India Private Ltd, the three defendants in the case were also directed to remove any product that is deceptively similar to that of Happy Belly Bakes.
This will also apply to labels, cartons, unsold goods in stock, delivery challans which is similar to Happy Belly.
"All I can say is that the legal process and the law of trademarks have prevailed. We thank the judiciary and the support of our customers," added Kapil Hinduja from Happy Belly Bakes.
When The Quint reached out to Amazon India, the company did not respond to the questions pertaining to the case and refrained from making any further statements.
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