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India biscuit giants end 10-month legal packaging feud

India biscuit giants end 10-month legal packaging feud
bakeryandsnacks.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from bakeryandsnacks.com Daily Mail and Mail on Sunday newspapers.

Demystifying Trade Mark laws & what constitutes a Trade Mark infringement in India

Demystifying Trade Mark laws & what constitutes a Trade Mark infringement in India
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India: Delhi High Court dismisses Britannia s infringement claim in biscuit battle

May 25 2021 Britannia Industries (Britannia) that holds 30% of the organised biscuit market in India, is aggrieved by a relatively new competitor, ITC Ltd’s (ITC) use of digestive biscuit packaging sold under the brand name ‘Sunfeast Farmlite’. The trade dress and packaging of two variants of digestive biscuits sold by ITC were disputed before the Delhi High Court. The product packaging of rival brands is appended below. The court noted that the dispute between ‘Nutri Choice Digestive’ and ‘Sunfeast Farmlite 5-Seed Digestive’ was on pillow packaging. In the case of ‘Nutri Choice 5 Grain Digestive’ and ‘Sunfeast Farmlite Veda Digestive’, the dispute was on box packaging.

Conscious attempt to copy another s packaging does not constitute passing off: HC

Conscious attempt to copy another s packaging does not constitute passing off: HC SECTIONS Last Updated: Apr 05, 2021, 04:34 PM IST Share Synopsis The court further observed that unless a consumer is liable to get confused or deceived, no case of infringement or passing off can be said to exist based on the intentions of the company which copied the packaging. Agencies The court s observation came while dismissing Brittania Industries application seeking an interim injunction, restraining the defendants, ITC Ltd from manufacturing or selling biscuits in the packing under challenge. A conscious attempt by a company to copy the packaging of another s product, by itself does not constitute passing off or trademark infringement , the Delhi High Court said on Friday.

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