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ITC and Britannia resolve packaging feud

Last December, Britannia dragged ITC to court over infringement of product packaging

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Mumbai: FMCG majors Britannia and ITC have reached a resolution over the nine-month long case in which the former had dragged ITC to the Delhi high court alleging infringement of product packaging.

The judgement, dated 4 August, considered the matter resolved after ITC changed the packaging (pillow and box) scheme for its ‘Sunfeast Farmlite 5-Seed Digestive’ and ‘Sunfeast Farmlite Veda Digestive’ biscuits which was challenged by Britannia Industries in December, last year as being “deceptively similar” to that of its NutriChoice Digestive biscuit brand.

“The respondents have modified the packaging of their products ‘Sunfeast Farmlite 5-Seed Digestive’ and ‘Sunfeast Farmlite Veda Digestive’ which are already in the market. The Appellant has no objection to the use of the modified packaging of the Respondents as depicted hereinabove,” the judgement read.

In view of the above settlement, Britannia Industries has withdrawn all claims for rendition of accounts, damages, and costs.

Hearing the matter in April, a single judge bench of the Delhi high court had ruled that the impugned packaging cannot be called “deceptively similar” because in both the cases the name of the product is abundantly clear. Britannia appealed against the judgement on the grounds that ITC’s promotion of April order is causing harm to its goodwill. “It is averred that the impugned judgment is being publicised heavily and is therefore causing immense harm and injury leading to loss of goodwill and reputation of the appellant,” it said.

Responding to Britannia’s appeal in an order dated 8 July, the Delhi high court had asked the two parties to reach a consensus on the matter within four weeks.

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