Britannia Industries Ltd vs Itc Limited on 10 March, 2017

1. This appeal is directed against the order passed by a learned single

Judge of this court on 06.09.2016 in IA No.10139/2016 which was an

application under Order XXXIX Rules 1 & 2 of the Code of Civil

Procedure, 1908 (hereinafter referred as „CPC‟). The said application was

filed by the respondent / plaintiff (ITC) in its suit being CS (Comm)


FAO (OS) (Comm) No.77/2016 Page 1 of 23
2. ITC had filed the said suit seeking an injunction restraining the

appellant / defendant (Britannia Industries Limited) from violating its

purported rights in the packaging / trade dress of its product “Sunfeast

Farmlite Digestive – All Good” biscuit by allegedly using a deceptively and

confusingly similar trade dress for its “Nutri Choice Digestive Zero”

biscuit. An injunction was sought for restraining Britannia from, inter alia,

passing off ITC‟s alleged rights in the trade dress / packaging / label and

dilution of the mark etc.

Source: Indian Kanoon

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