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ITC-Britannia trademark case: Delhi HC refuses to stay order against Britannia for copyright infringement

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Published: September 9, 2016 4:03:42 PM

The Delhi High Court on Friday refused to stay order against Britannia for copyright infringement.

ITC Ltd has claimed trademark and copyright infringement by Britannia by adopting packaging that is similar to that of ITC’s Sunfeast Farmlite Digestive All Good Biscuit.ITC Ltd has claimed trademark and copyright infringement by Britannia by adopting packaging that is similar to that of ITC’s Sunfeast Farmlite Digestive All Good Biscuit.

The Delhi High Court on Friday refused to stay order against Britannia for copyright infringement. ITC Ltd has claimed trademark and copyright infringement by Britannia by adopting packaging that is similar to that of ITC’s Sunfeast Farmlite Digestive All Good Biscuit. ITC alleges that Britannia’s product, Nutrichoice Digestive Zero, used similar yellow and blue colours and a similar description for the product. Last week Britannia told the Delhi high court that it was willing to consider changing the colour scheme of the packaging of its NutriChoice Zero biscuit. Justice S. Muralidhar who was hearing the case asked Britannia to consider the possibility of using dark maroon colour.

In the Rs 26,000 crore biscuit market, the digestives segment is estimated at around Rs 500 crore. British firm United Biscuits’ McVities dominates the category. While Parle Products and Britannia are vying for the top spot followed closely by ITC, others such as United Biscuits and Mondelez have also been gaining share in niche segments such as digestives and cookies. The digestive biscuit segment is growing at a fast pace due to rising adoption of healthy food habits and consumer awareness. These products are priced at a premium, with a much higher margin contribution for the companies compared with other products.

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