In a win for small-time establishments, a bakery in Bengaluru has won a protracted trademark dispute with e-commerce giant Amazon. The bakery, Happy Belly Bakes, was embroiled in a legal battle with Amazon over the trademark of the name ‘Happy Belly’, and a civil court in Bengaluru issued an order prohibiting Amazon from using the label ‘Happy Belly’ and removing products of a similar label from the e-commerce giant's online platform in India.
Founded by Shisham Hinduja and Thripti, Happy Belly Bakes (HBB) started off with the duo making handcrafted chocolates on special orders from a friend’s outhouse. Previously named ‘Regalar,’ Happy Belly Bakes has held its trademark for “Happy Belly” since 2016.
In 2010, Thripti made the decision to follow her passion for baking, and her partner Shisham used her captivating marketing style to make sure that these treats found their way to the appropriate "bellies". Their combined knowledge and work allowed them to expand till the launch of their first central kitchen at Richard's Park, which was quickly followed by the opening of their first café.
During the 2017 holiday season, Shisham Hinduja began receiving calls from customers inquiring if she had started selling her goods on Amazon. This is when the duo found out that Amazon also sold bakery goods, dairy products, and snacks under the global private-level brand named Happy Belly. The Delaware-based Tootsie LLC attempted to register the trademark "Happy Belly" in 2016 but was unsuccessful. Due to this, HBB sued Amazon Seller Services, Cloudtail India, and Tootsie LLC.
On August 30, 2022, more than four years after the lawsuit's filing, the judge ruled in Happy Belly Bakes’ favour. Additionally, Amazon Seller Services was instructed to take any goods off of its Indian online marketplace that is misleadingly similar to HBB’s trademark. Amazon even argued in court that Happy Belly Bakes lacked goodwill and reputation, according to the ruling. However, the court disregarded this and stated that the "contention shows the defendants' arrogance."
Speaking to TNM, Thripti said, “It feels really empowering especially because it's Amazon. We knew that we were on the right path and had to stand up for that. We are really thrilled about the ruling,” she said. Thripti feels that Happy Belly Bakes has prospered because of its employees. “With our constant efforts and supportive clients, Happy Belly Bakes is growing every year. The crew has played a crucial role in the development of Happy Belly,” she said. HBB’s bakers are not trained people. “They are uneducated and know very basic English or regional language. We write the recipe and demonstrate and I also guide them and ensure that they do it correctly,” she said.
Ninety percent of the Happy Belly staff are now women. “Earlier we used to employ chefs from an educated background. Now we are helping uneducated women to become chefs,” Thripti said.
Owing to the lockdown, during the pandemic, Thripti discovered that every household had one or more bakers, and she came up with the DIY ready-mix line of treats that has made many people's culinary dreams come true. Thripti says Happy Belly keeps itself updated on the current trends and sees what's fresh or trending. In addition to their celebratory cakes and brownies, Happy Belly Bakes also offers a Vegan collection with a variety of cakes, including dark chocolate raspberry cakes, apple walnut cakes, and many more.