Delhi HC allows Britannia to sell NutriChoice Zero in blue packaging

Court overturns single judge order in favour of ITC's Sunfeast Farmlite

A division bench of the Delhi High Court on Friday overturned a single judge order restricting Britannia Industries Limited from using the colour blue in their packaging of NutriChoice Zero digestive biscuits. The September 6, 2016 single judge order had come on the backdrop of a passing off and copyright infringement suit filed by ITC, alleging that Britannia had copied its blue and yellow packaging from the wrapper of ITC's own digestive line Sunfeast Farmlite ALL GOOD biscuits.

The single judge had restrained Britannia from using its original choice of packaging, terming it as ‘deceptively similar’ to ITC’s own digestive variant