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Delhi High Court takes a bite out of Britannia

December 1, 2016

In this case, ITC Limited took Britannia Industries to court over the violation of packaging/trade dress rights. ITC sought to permanently injunct Britannia from violating these rights. ITC launched a new biscuit called ‘Sunfeast Farmlite Digestive – All Good’ in February 2016. The packaging consisted of a combination of the colours yellow and blue. Britannia launched a similar biscuit under the name Nutri Choice Digestive Zero a few months later (July 2016). The packaging of this product was also done in yellow and blue. The parties to this suit have previously been entangled in legal wrangles. Britannia had filed a complaint against ITC before the Advertising Standards Council of India (ASCI). In the present case, Britannia offered to replace the blue colour in its packaging with another shade of blue, but this was deemed unacceptable by ITC. Britannia stated that the colour blue was an integral part of its packaging, as it supposedly reflects World Diabetes Day. As there was no consensus between the parties regarding the issues at hand, the suit went to trial on 2 September 2016 Read More .

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