A division bench of Justice B.D. Ahmed and Justice Ashutosh Kumar, hearing an appeal of Britannia, was informed that single judge's order was erroneous as Britannia had not copied packaging of ITC's Sunfeast "Farmlite Digestive All Good".
On ITC's plea, the single judge on September 6 had ordered Britannia to stop using the current packaging style for its "Nutri Choice Digestive Zero" biscuits and phase out the existing stocks on the ground that Britannia's packaging was similar to ITC's Sunfeast biscuits.
ITC alleged the Britannia's style and packaging for their biscuits was "deceptively" similar to its "Sunfeast Farmlite Digestive - All Good" biscuits launched in February as both brands are sold in a blue and yellow p ackaging.
In its order, the single judge, however, had said Britannia can adopt any packaging which is distinctively different from the packaging that is currently used by ITC, which claimed that Britannia's packaging for the biscuit is an imitation of its packaging for its product and when placed next to each other, they are indistinguishable to the unwary customer.
