It’s a big win for small-time establishments as a Bengaluru-based bakery has recently won a prolonged trademark battle against the e-commerce giant Amazon. The bakery, Happy Belly Bakes, was entangled in a legal Trademark Dispute over the trademark of the name ‘Happy Belly’ with Amazon. A civil court in Bengaluru recently issued an order refraining Amazon from using the name or label ‘Happy Belly’ and removing products having a similar name or label from the e-commerce giant’s online platform in India.
Happy Belly Bakes, founded by Shisham Hinduja and Thripti, started with the duo manufacturing handcrafted chocolates on exclusive orders from a friend’s outhouse. Happy Belly Bakes, previously known as ‘Regalar,’ has held Trademark Registration for the name ‘Happy Belly’ since 2016.
In 2010, Thripti decided to follow her passion for baking. Her partner, Shisham, used her captivating marketing style to ensure that the treats baked by Thripti found their way to the appropriate ‘bellies.’ The combined extensive knowledge, creativity, and work of Thripti and Shisham allowed them to expand pretty well until the inauguration of their very first central kitchen at Richard’s Park, which was way too quickly followed by the opening of their first café.
During the holiday season of 2017, Shisham began receiving calls from customers inquiring if she had started selling her products on Amazon. It was then that Thripti and Shisham found out that Amazon also sold bakery products, snacks, and dairy products under the global private-level brand called Happy Belly. Delaware-based Tootsie LLC filed a Trademark Application for ‘Happy Belly’ in 2016 but turned out unsuccessful in registering it. Due to such activities, Happy Belly Bakes sued Amazon Seller Services, Tootsie LLC, and Cloudtail India.
This year on 30th August, more than four years later the lawsuit’s filing, the judge ruled out in favor of Happy Belly Bakes. Amazon Seller Services has been directed to remove all products misleadingly similar to Happy Belly Bakes’ trademark from its Indian online marketplace. The e-commerce giant even argued in court by saying that Happy Belly Bakes lacked reputation and goodwill, as per the ruling. However, the court took no account of this argument and stated that the contention only shows the defendants’ arrogance.
In a recent statement delivered, Thripti said it feels empowering to win the lawsuit in question specifically because it’s against Amazon. She stated that Happy Belly Bakes knew it was on the right path and had to stand up for the same. According to Thripti, Happy Belly Bakes has prospered because of its employees, constant efforts, and supportive clients. She mentioned that the crew plays a crucial role in the development and success of Happy Belly Bakes, even if the bakers are not trained; they are uneducated and know very basic English or regional language. Consequently, Thripti and her other team members require writing the recipe, demonstrating it, and guiding them well to ensure they perform all the tasks correctly.
Thripti also said that 90% of the staff at Happy Belly Bakes is now women. Earlier, Happy Belly Bakes used to employ chefs from educated backgrounds, but now it is helping uneducated women to become chefs. She further stated that Happy Belly Bakes keeps itself updated with the ongoing trends and sees what’s trending or fresh. In addition to its celebratory brownies and cakes, Happy Belly Bakes also offers a vegan collection with a variety of cakes, including apple walnut cakes, dark chocolate raspberry cakes, and many more flavors. For more visit: https://www.trademarkmaldives.com
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