Introduction: In a recent legal development, the Supreme Court of India addressed a longstanding dispute between two major players in the biscuit industry—Britannia and ITC. The disagreement revolves around the use of color combinations in the packaging of their respective biscuit products. This article delves into the details of the case, examining the court’s decisions, the arguments presented by the companies, and the ultimate recommendation for resolution through mediation.
Also Read Madras HC Judgment: Trademark Battle: ITC Limited vs. Britannia Industries Ltd. in Madras High Court
Detailed Analysis: The legal saga began when ITC Limited filed a petition challenging an order from the Division Bench of the Madras High Court. The Division Bench had affirmed the decision of its Singh Bench, which restrained ITC from selling Sunfeast Mom’s Magic Butter Biscuits in a blue wrapper. This packaging, according to the court, was deemed deceptively similar to the one utilized by Britannia Industries Limited since 1997 for its Good Day butter biscuits.
An interim injunction was granted in favor of Britannia, preventing ITC from selling new stock in the contested blue packaging. Despite this setback, the Division Bench allowed ITC to sell existing stock of their products packed in the disputed blue wrap. ITC Limited contested this decision, highlighting Britannia’s contradictory stance in a separate litigation concerning zero sugar digestive biscuits. In that case, Britannia asserted that the blue color is generic and commonly used in trade, and therefore, no exclusivity can be claimed over its generic color.
The Supreme Court, after hearing both sides, recommended mediation as a means for Britannia and ITC to resolve their differences. The court acknowledged the complexity of the dispute and encouraged the parties to find a middle ground through dialogue. The matter has been listed for further consideration in January 2024.
Conclusion: The biscuit color dispute between Britannia and ITC has reached a crucial juncture with the Supreme Court’s recommendation for mediation. This legal battle has highlighted the complexities surrounding intellectual property and generic color use in the competitive market. As the parties gear up for potential negotiations, the outcome will not only impact the two companies involved but could also set a precedent for future disputes in the food and beverage industry. The resolution, whether through mediation or further legal proceedings, will be closely watched for its implications on trademark and branding issues in India’s business landscape.
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