ITC LTD Vs. BRITANNIA INDUSTRIES LTD

JUDGEMENT

(1.) The Plaintiff, ITC Limited (ITC), has filed the accompanying suit against the Defendant, Britannia Industries Limited (Britannia), for permanent injunction seeking to restrain Britannia from violating its rights in the Plaintiffs packaging/trade dress of Sunfeast Farmlite Digestive - All Good biscuit by using a deceptively and confusingly similar trade dress for its Nutri Choice Digestive Zero biscuit. The relief claimed in the suit is also for an injunction to restrain Britannia from (a) passing off ITCs rights in the trade dress/ packaging/ label, (b) diluting the mark, (c) infringing ITC's copyright in the said packaging and for delivery up, damages and rendition of accounts etc. By this application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 (CPC), ITC seeks an interim injunction to restrain Britannia from continuing to use the impugned packaging for its Nutri Choice Digestive Zero biscuit.

(2.) The packaging of ITCs Sunfeast Farmlite Digestive - All Good biscuit which was launched in February 2016 is as under:

(3.) In July 2016, Britannia launched in the market its Nutri Choice Digestive Zero biscuit, the packaging of which is as under: