Britannia challenges Delhi High Court biscuit packaging dispute order with ITC

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Kolkata | Published: September 9, 2016 6:03:22 AM

Britannia Industries has appealed before a division bench of the Delhi High Court, challenging the injunction order passed by its single bench on the biscuit packaging dispute with ITC Ltd.

Britannia Industries has appealed before a division bench of the Delhi High Court, challenging the injunction order passed by its single bench on the biscuit packaging dispute with ITC Ltd.

In a late evening stock exchange filing on Wednesday, Britannia said, “As far as the injunction order passed by the Delhi High Court is concerned, we have challenged the injunction order before the division bench of Delhi High Court. The next date of hearing is September 9.”

A bench of Justice S Muralidhar issued the interim injunction on Tuesday against Britannia to restrain it from selling its Nutrichoice Digestive Zero biscuits in the present packaging form. The court also directed the company to phase out the existing stocks of the digestive biscuits with the ‘impugned packaging’ within four weeks’ time.

In a setback to Britannia, the court said it was satisfied that the impugned packaging for the NutriChoice Digestive Zero biscuits was “deceptively similar” to the packaging of ITC’s Sunfeast Farmlite Digestive All Good biscuits and such deception was likely to confuse the consumers of such biscuits.

In the response to the clarification sought by the Bombay Stock Exchange, the Wadia Group company said, “The packaging architecture for NutriChoice has been built on the brand’s own strategy over years and has not been influenced by any other brand.” The company said it has also filed a counter suit against ITC for “copying our colour combination in their packaging”.

Notably, ITC on August 20 filed a suit against rival Britannia before the Delhi High Court, alleging that the latter has copied the “trade dress and colour combination” of its ‘Sunfeast Farmlite Digestive All Good’ biscuit packages for ‘Britannia NutriChoice Digestive Zero’ biscuit packages. The cigarette-to-hotel-to-FMCG major sought an interim injunction to restrain the Wadia Group firm from continuing to use the impugned packaging for its NutriChoice digestive biscuit.

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