In a relief for FMCG major ITC Ltd, the Delhi High Court temporarily restricted Britannia from using the existing packaging for its ‘NutriChoice Digestive Zero’ biscuits.

Justice S Muralidhar held on Tuesday that Britannia’s packaging is “deceptively similar” to ITC’s ‘Sunfeast Farmlite Digestive All Good’ biscuit and gave Britannia four weeks to phase out existing stock and maintain accounts.

“An interim injunction is, accordingly, issued restraining Britannia from using the impugned packaging get-up/wrapper for its NutriChoice Digestive Zero biscuits in the present form during the pendency of this suit,” the order (a copy of which is with BusinessLine ) read.

The petition sought damages for alleged infringement of trademark as well as direction to withdraw the product in the current packaging. Both products are priced at ₹25 for a 100-gram pack.

Submissions According to ITC’s submissions, the products and trade channels “are identical” and hence would to lead to “confusions and deception”.

According to ITC, the company spent ₹14 crore over the past five months (since launch in February 2016) for brand promotion (“marketing expenditure”) against sales of nearly ₹5 crore of the particular biscuit brand.

Britannia held that it was a market leader with over 66 per cent share (in volume and value) in the category,compared with ITC’s 1.8 per cent. The company claimed that the shades of colour used in the packaging of ‘Nutri Choice Digestive Zero’ were different.

Britannia’s version In a press release, Britannia said: “The packaging architecture for NutriChoice has been built on the brand’s own strategy and has not been 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.”

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