Demystifying Trade Mark laws & what constitutes a Trade Mark infringement in India adgully.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from adgully.com Daily Mail and Mail on Sunday newspapers.
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
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Last Updated: Apr 05, 2021, 04:34 PM IST
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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.
Oreo maker takes Indian biscuit giant to court over alleged lookalike cookies Mondelēz-owned Intercontinental Great Brands has filed a trademark infringement case in the Delhi High Court against Parle Products over allegedly copying Mondelez’s iconic Oreo cookie.
Intercontinental Great Brands claims the design of Parle’s recently launched Fabio biscuit is ‘deceptively’ similar to that of its globally popular cookie.
Fabio does bear a resemblance to Oreos, being two dark biscuits sandwiching a white cream filling. Taking it a step further, Fabio biscuits are also stamped with a filigreed design, while both cookies sport blue and white branding.
Britannia drags ITC to court alleging trademark infringement
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Stakes are high in the country’s Rs 37,000-crore biscuit market that is clocking double-digit growth annually. Biscuits also account for the largest category within FMCG.
Britannia has also objected to Future Consumer’s use of ‘Good Time’ on one of its product packs, saying it sounds similar to Britannia’s ‘Good Day’ brand.
Britannia Industries Ltd has filed two cases in the Delhi High Court against rival ITC Ltd for alleged infringement of its product packaging trademark by using similar design for ITC’s new biscuits, a person aware of the development said.