Small Bengaluru-based business wins legal battle against Amazon
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Bengaluru: A homegrown bakery business based in Bengaluru has won a four-year-long legal battle against e-commerce giant Amazon.
Happy Belly bakes has held the trademark Happy Belly since 2016 and Amazon was using an identical brand name to sell bakery items, snacks, and dairy. The small business sued Amazon over trademark infringement. A civil court ruled in its favour on August 30.
Founder Shisham Hinduja said that her company started receiving calls in 2017 from customers asking if her products are now available on Amazon. She soon found that one of Amazon's private labels was selling products under the exact same name, reported NDTV.
After Hinduja filed a lawsuit against Amazon Seller Services, Cloudtail India, and Tootsie LLC, Tootsie filed a trademark application on behalf of Amazon. During the hearing, the e-commerce giant argued that its business under the Happy Belly name was different from the one run by Hinduja. They also argued that their brand has been using the trademark worldwide when Hinduja's company operates within Bengaluru only.
After the verdict was delivered, she said the legal process, law, and the law of trademarks have prevailed.
The court ruled in favour of Hinduja and rejected Amazon's claim that Happy Belly Bakes lacked goodwill and reputation. Amazon is now permanently restrained from using the trademark in India.
Court also noted that the e-commerce giant's contention reflected its arrogance. The order also mentioned that Amazon is restrained from infringing or passing off the Happy Belly trademark with a similar name. This applies to visual and phonetic aspects. Amazon is also asked to remove its items from the website.