Wrapper color leads to a dispute between Britannia and ITC: Biscuit Battles

In a recent legal showdown, ITC Limited, the makers of Sunfeast Mom’s Magic Butter Cookies, found themselves in hot water over the color of their product’s wrapper. The Madras High Court refused to overturn a prior order, preventing ITC from selling the cookies in a blue wrapper that resembled Britannia Good Day biscuits. Let’s dive into the cookie jar and unravel the details.

The Sweet Dispute Unfolds

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Britannia, a key player in the biscuit game, accused ITC of riding on its coattails by adopting an identical blue color for the “Sunfeast” wrapper. According to Britannia, this move was an attempt to cash in on the established goodwill and reputation of Britannia’s iconic Good Day biscuits. The court battle ensued with Britannia seeking a permanent injunction, delivery of offending materials, accounts, and damages amounting to a whopping Rs 65 lakh.

ITC’s Defense: Red to Blue, a Simple Switch?

ITC, on the other hand, defended its position, claiming they had been selling cookies in a red wrapper since 2020. The decision to switch to blue, they argued, was in line with the common industry practice of using blue for butter and dairy-related products. ITC contended that the wrappers were not similar and accused Britannia of attempting to stifle their sales success.

However, the single judge in the case took note of ITC’s lack of a solid explanation for the sudden switch in color. This lack of clarity led to an injunction preventing ITC from using the contentious blue wrapper.

The Court’s Verdict: Deceptive Similarity

ITC, during the appeal, argued against Britannia’s claim of exclusive rights over the color blue, asserting that various elements in the wrapper were different. The court, however, saw through this argument, noting that while individual components may differ, the overall design was meticulously crafted to resemble Britannia’s packaging.

The court emphasized that the logical copying and dishonest adoption of the blue color could be attributed to ITC. It stated, “On a casual look or glance, there can be no doubt whatsoever that both the products are absolutely similar to each other. There will be confusion in the market.”

The Takeaway: Prima Facie Case for Injunction

In essence, the court found that the blue wrapper of Sunfeast Mom’s Magic Butter Cookies was deceptively similar to Britannia’s, causing potential confusion among consumers. The prior use of the blue wrapper by Britannia strengthened their case. The court decided not to interfere with the single judge’s order, stating that there was a prima facie case for the grant of an injunction.

Conclusion: Wrapping Up the Cookie Clash

The legal tussle between Britannia and ITC sheds light on the importance of packaging in the fiercely competitive world of biscuits. The court’s decision highlights the significance of a brand’s established visual identity and the potential legal consequences of attempting to ride the coattails of a competitor’s success. As the biscuit battle continues, it serves as a reminder that even the color of a wrapper can become a crucial ingredient in the recipe for success.wrapper is not just a covering; it’s a statement.

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Discussion

  1. John Will Avatar

    The legal battle between ITC and Britannia over the color of Sunfeast Mom’s Magic Butter Cookies’ wrapper showcases the intricate importance of packaging in brand identity. The court’s verdict emphasized the deceptive similarity between the blue wrappers, highlighting the potential confusion among consumers. It underscores the significance of protecting a brand’s visual identity and the repercussions of imitating a competitor’s packaging. This case serves as a stark reminder that even seemingly subtle elements like wrapper colors can become focal points in preserving brand individuality and market integrity.

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