On Wednesday, the Supreme Court instructed ITC Ltd and Britannia Industries to engage in a collaborative discussion and mutually address the dispute regarding their packaging, which has been deemed deceptively similar.
ITC contested the Madras High Court’s November ruling, which prohibited the use of Sunfeast MOM’s Magic Butter Cookies packaging, citing infringement of Britannia’s Good Day Butter Cookies packaging. The court order restricted ITC based on the asserted similarity between the blue packaging of Sunfeast MOM’s Magic and its competitor Britannia Good Day Butter Cookies. The High Court asserted that the use of the color blue implied “dishonest adoption” by ITC, intending to pass off its products and unjustly benefit itself.
Noting that both companies produce premium products catering to a broad consumer base, a panel headed by Justice Sanjiv Khanna expressed that a resolution through direct dialogue between the companies would be preferable. The bench has also scheduled the matter for additional proceedings in January.
Representatives Mukul Rohatgi and AM Singhvi, senior counsel for ITC, informed the Supreme Court that it is acknowledged that the colors blue and yellow are generic in the context of butter biscuits/cookies, with yellow typically symbolizing the presence of butter.
In a previous legal dispute involving zero sugar digestive biscuits between the two parties, Britannia had unequivocally asserted that the blue color is common and generic to the trade. Consequently, Britannia maintained that no entity can claim exclusivity in using these generic colors, and there should be no imputation of malafide intent when employing such colors for biscuits adhering to industry practices, as per ITC’s statement.
“Therefore, the question of Britannia claiming any distinctiveness and proprietary right to the exclusion of other members of trade does not arise and the impugned judgment is fundamentally wrong on this ground alone. Britannia cannot be allowed to approbate and reprobate, as per its convenience, in the manner it has done,” the ITC appeal filed through counsel Mohit Ram stated.
The High Court issued the order following Britannia’s allegation that ITC was marketing analogous products under the Sunfeast brand, utilizing the ‘Mom’s Magic’ trademark with the intention of capitalizing on Britannia’s goodwill.
