BRITANNIA INDUSTRIES LTD. Vs. ITC LTD.

JUDGEMENT

(1.) On 11th September, 2020, the Trademark Registry registered the following trademark in favour of the plaintiff M/s Britannia Industries Ltd., in respect of "biscuits, bread, buns, rolls, bakery products, coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, savouries, snacks, cookies, pastry and confectionary; cakes, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, spices croissants", in Class 30 of the Trade Marks Rules, 2017:

(2.) The plaintiff manufactures and clears "Nutri Choice Digestive" biscuits, the packing whereof employs the above registered trademark. The pillow pack, in which the plaintiff "Nutri Choice Digestive" biscuits are packed and sold, looks like this :

(3.) The plaintiff is aggrieved by the fact that the defendants M/s ITC Ltd. are manufacturing and selling "Sunfeast Farmlite 5-Seed Digestive" biscuits in packing which is, according to the plaintiff, deceptively similar to the packing in which the plaintiff sells its "Nutri Choice Digestive" biscuits. By adopting such confusingly similar packing, it is alleged that the defendants have infringed the registered trademark of the plaintiff. The plaintiff also alleges that the defendants are passing off their "SUNFEAST FARMLITE 5-SEED DIGESTIVE" biscuits as those of the plaintiff. The packing, in which the defendants clear and sell their biscuits, looks like this: