Our Bureau

New Delhi, Jan. 25

The Delhi High Court on Tuesday asked Britannia Industries Ltd to reply within a month on a petition filed by the US-based Kraft Food Global Brands LLC, alleging copyright and trademark violations regarding its Oreo cookies. The court has posted the matter for arguments on April 28.

Kraft alleged that the ‘Treat-O' biscuit of Britannia is a copy of its (Kraft's) ‘Oreo' cream-filled sandwich cookies.

Kraft, therefore, wanted the court to stop Britannia from making, marketing/advertising and selling any item that is distinctively similar to its Oreo cookies, and having a packaging or slogan that is confusingly like Oreo cookies.

Kraft, represented by the law firm Lall and Sethi, has also sought damages from Britannia for the alleged infringement of copyright and trademark of the popular Oreo cookies, as well as for the alleged acts of ‘passing off' in this regard.

Kraft has alleged that the embossing on Britannia's ‘Treat-O' biscuit is not only identical to its Oreo cookies, but the ‘O' in Treat-O is lifted from Oreo. In the last hearing on January 4, acting on Kraft's application, the court had issued summons and notice to Britannia. Britannia did not respond to Business Line's queries on the matter.

(This article was published in the Business Line print edition dated January 26, 2011)
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