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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.
Britannia Industries total revenue from operations rose 6.13 per cent to Rs 3,165.61 crore
Britannia Industries shares slipped 1 per cent on the BSE after the bakery products and biscuit maker reported a 22.4 per cent rise in consolidated net profit at Rs 452.6 crore for the third quarter ended December 2020. At 10:00 am, the shares of Britannia Industries were trading at Rs 3,505.10, down 1 per cent, on the BSE.
Promoted
Britannia Industries total revenue from operations rose 6.13 per cent to Rs 3,165.61 crore during the quarter under review against Rs 2,982.68 crore in the year-ago period, the company said on February 5.
The BSE Sensex was trading at 51,370.55, higher by 623 points or 1.22 per cent and the NSE Nifty was at 15,101.95, up 178 points or 0.18 per cent at the time.
As India gets on its feet amid ease in Covid-19-induced restrictions, and out-of-home consumption picks up, FMCG firm Britannia Industries’ bottom-line earnings may come under pressure owing to weaker sales on a quarterly basis, and increase in input costs. “While Q3FY21 performance is likely to show signs of recovery led by sustained rural demand and gradual pickup in urban demand post unlock and normalization of supply chain, we believe margins for select players will start correcting QoQ given rising commodity costs and comeback of ad spends, marketing and overhead expenses,” say analysts at Prabhudas Lilladher. That said, sustained rural demand due to better rural economics driven by a strong kharif and rabi seasons, analysts at Sharekhan believe an over 9 per cent sales’ volume growth may support Britannia’s overall Q3 show.