Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

Delhi HC junks trademark infringement case by Britannia Industries against ITC.

ITC to continue sale of Sunfeast Veda Digestive, Sunfeast 5-Seed Digestive biscuits.

HC: Prima facie, essential features of packaging of ITC's biscuits differ from Britannia.

 In a setback for Britannia Industries, the Delhi High Court has dismissed petitions claiming trademark infringement by ITC Limited with respect to labelling and packaging of digestive biscuits. 

Prima facie, the court refused to accept the contention that the essential features of packaging of ITC Limited's "Sunfeast Farmlite 5-Seed Digestive" biscuits were deceptively similar to Britannia Industries' "Nutri Choice Digestive" biscuits. 

With the single-judge bench of Justice C Hari Shankar refusing to pass any injunction order, ITC Limited can continue the sale of Sunfeast's Veda Digestive and 5-Seed Digestive biscuits. 

Britannia Industries has the option of challenging this order before a division bench of the Delhi High Court.

Appearing for Britannia, senior lawyers, claimed that the appearance of digestive biscuit packets sold by rival ITC Limited, as approved by the Trademark Registry, was deceptively similar to its pre-existing product.

The court ruled that it cannot "readily presume the digestive biscuit consumer, even if of average intelligence and imperfect recollection, to be unaware of the difference between these categories of digestive biscuits."

 Appearing for ITC, senior lawyers  maintained that the use of the word "Hi-Fiber" on biscuit packets is a common practice in the industry.

Noting that the brand names of Britannia and ITC were prominently displayed on biscuit packets, the court held that both brands are "reputed and well-known, enjoying their own niche clientele" and ruled that the packaging wasn't similar. 

On the question of "passing off", the court observed that the logos “Sunfeast” and “Britannia” are clearly visible on the face of the rival brands, which minimizes the possibility of a consumer mistakenly purchasing the product of another brand.  

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