FMCG major ITC Ltd, on Thursday said, it has dragged Britannia Industries to court for alleged copy of its biscuit packaging design. The case, filed at the Delhi High Court, will come up for hearing again on August 31.

ITC in a notification to the bourses claimed Britannia’s biscuit brand “NutriChoice Digestive Zero” has imitated the packaging style of its “Sunfeast Farmlite Digestive ALL GOOD” biscuit.

“ITC has filed a case against Britannia Industries before the Delhi High Court as Britannia has copied the trade dress and colour combination of ITC’s ‘Sunfeast Farmlite Digestive ALL GOOD’ biscuit packages for its ‘Britannia Nutrichoice Digestive Zero’ biscuit packages,” it said.

The case has been filed on August 20.

Sources aware of the matter say ITC's contention is that Britannia’s offering – roll out of which has already happened – has similar use of yellow and blue colour on the package.

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

No injunction Meanwhile, Britannia Industries has claimed that the Delhi High Court has not issued a stay order (or injunction).

“The matter came up for hearing before Delhi High Court on August 22, 2016, and August 24, 2016. The next date of hearing is August 31, 2016. No injunction (stay) has been granted as of now,” Britannia said in a filing to the BSE on Wednesday.

“As the matter is sub-judice, we can’t comment anything further on this matter,” it added.

The Indian biscuit market is pegged at ₹26,000 crore. Britannia, ITC and Parle are said to be the three major national players. ITC has a leadership in the cream-biscuit segment.

ITC stock today closed at ₹253.30, up by 1.24 per cent, on the BSE. On the other hand, Britannia stock closed at ₹3460.35, up by 0.70 per cent.

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