HC asks Britannia not to use pack ‘deceptively similar’ to ITC

Delhi High Court today restrained Britannia Industries Ltd from using the wrapper of its ‘Nutri Choice Digestive Zero’ biscuits in its present form, saying it was “deceptively similar” to the packaging of ITC’s Sunfeast ‘Farmlite Digestive All Good’ biscuits.

The court asked Britannia to adopt a “distinctively different” packaging from the one currently used by ITC for its biscuit as such “deception” could confuse the consumers.

The court’s order came on a plea filed by ITC Ltd seeking to restrain Britannia from violating its rights in packaging/ trade dress of ‘Sunfeast Farmlite Digestive-All Good’ biscuits by allegedly using a deceptively and confusingly similar trade dress for ‘Nutri Choice Digestive Zero’ biscuits.

“The court is satisfied that the impugned packaging for Nutri Choice Digestive Zero Biscuits launched by Britannia is deceptively similar to the packaging of ITC’s Sunfeast Farmlite Digestive All Good biscuits and such deception is likely to confuse the consumers of such biscuits, even the discerning health conscious ones, into thinking that Britannia’s biscuits are that of ITC’s,” Justice S. Muralidhar said.

“An interim injunction is, accordingly, issued restraining Britannia from using the impugned packaging get-up/wrapper for its Nutri Choice Digestive Zero biscuits in the present form during the pendency of this suit,” the court said.

The court also granted four weeks to Britannia to phase out the existing stocks of ‘Nutri Choice Zero Digestive’ biscuits with the present packaging.

However, the court said it would be open to Britannia adopting the packaging it uses for the product internationally or, while retaining the yellow colour, it could substitute the blue colour in the packaging with any other distinctive colour other than variants of blue.

ITC Ltd, through senior advocate Pratibha M. Singh, had sought an interim injunction to restrain Britannia from continuing to use the packaging for its biscuit.

Britannia, while refuting the allegations, had countered ITC’s submissions saying being the market leader, it did not need to adopt anyone’s packaging.