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Delhi HC directs Britannia not to use pkg similar to Sunfeast Farmlite
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Friday, 09 September, 2016, 08 : 00 AM [IST]
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Ashwani Maindola, New Delhi
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fiogf49gjkf0d fiogf49gjkf0d The Delhi High Court passed an injunction in a suit filed by ITC Foods Ltd against Britannia for packaging infringement. The court directed the latter not to use packaging that bears a similarity to that of the former’s Sunfeast Farmlite digestive biscuits for its NutriChoice Digestive Zero biscuits.
The order read, “The court is satisfied that the impugned packaging for Britannia NutriChoice Digestive Zero Biscuits is deceptively similar to the packaging of ITC’s Sunfeast Farmlite Digestive All Good biscuits.”
“Such deception is likely to confuse the consumers of such biscuits, including health-conscious ones, into believing that Britannia’s biscuits are those of ITC,” it added, stating that Britannia would be restrained from using the impugned packaging for its biscuits during the pendency of the suit.
The court also gave Britannia four weeks to replace the existing stocks of NutriChoice Digestive Zero biscuits with the present packaging, but stated that it would be open to the company adopting the packaging it uses for the produt globally. While retaining the yellow colour, it could substitute the blue in the packaging with another colour.
Meanwhile, a Britannia spokesperson said, “Britannia NutriChoice, our flagship brand in the health category of biscuits, was launched in 1998 and commands a leadership market share of approximately 70 per cent in the premium health category.”
“The packaging architecture of its various sub-segments is very well coordinated and backed by a strong portfolio packaging rationale and consumer logic,” he added. The spokesperson said the packaging architecture for NutriChoice was built on the brand’s own strategy and was not influenced by any other brand.
“As far as the injunction passed by the Delhi High Court is concerned, we are exploring all our legal options in the matter,” he added.
“We would like to assure our customers that their favourite NutriChoice Digestive Hi-fibre biscuit is unaffected by the court order and will continue to be available in the market. The product in question - the Zero variant of NutriChoice Digestive - will also continue to be available across the country, whilst keeping in line with the court order,” the spokesperson said.
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