Delhi HC Restrains Britannia From Using Similar Packaging For Digestive Biscuit As ITC
“Have directed Britannia to phase out existing stock in 4 weeks”: Delhi High Court
The Delhi High Court on Tuesday restrained Britannia Industries Ltd. from using similar packaging as ITC Ltd. for its digestive biscuits. In a setback to Britannia, the High Court granted an interim injunction against the packaging used by the company for its digestive biscuits on a plea from ITC.
“Have directed Britannia to phase out existing stock in four weeks. If there is any problem with respect to phasing out process the company can approach court,” said Justice S Muralidhar while pronouncing the order.
ITC, which has sought damages for infringement of trademark and goodwill, had also asked that Britannia be directed to withdraw the product. ITC alleged that Britannia’s Nutrichoice Digestive Zero brand has copied the colour packaging of its recently launched digestive biscuit - Sunfeast Farmlite Digestive All Good biscuit.
ITC alleged that Britannia used similar yellow and blue colours and an identical description of their product. In earlier hearings, Justice Muralidhar had asked Britannia to consider an alternative colour combination for its packing.
Britannia has refuted all allegations and informed the court that the company plans to file a counter suit against ITC for using the same colours as its products. Britannia’s counsel argued that the company enjoys 66 percent market share in the digestive biscuits segment.