Kraft Foods sues Britannia over Oreo copyright

Our Bureau Bangalore | Updated on January 06, 2011 Published on January 06, 2011

US foods company Kraft Foods has dragged Indian biscuits giant Britannia Industries to court for ‘infringement of trademark and copyright, passing off and unfair competition of its globally reputed Oreo brand of cookies.'

Britannia's recently-launched Treat-O biscuits, Kraft Foods alleges, has the ‘same look and packaging as Oreo.'

Kraft Foods Global Brands LLC says that it ‘has filed a suit in the Delhi High Court against BIL, seeking an injunction to prevent BIL from manufacturing, selling, marketing, advertising or in any other manner using and/or allowing or permitting third parties to manufacture, market, advertise or use the distinctive elements of ‘Oreo Cookie Trade Dress' and its packing.'

When contacted, a Britannia spokesperson said, “The company will take the right and appropriate action as it always has.”

‘Unique features copied'

Kraft Foods says that Britannia has copied the unique and distinctive features of the ‘Oreo Cookie Trade Dress' and its packaging in its newly-introduced Treat-O biscuit product.

The company said that the shape of the cookies sold under the brand Oreo, a round shaped cream-filled sandwich cookie, has unique etchings consisting of fine edge linings, inner rings and florets embossed on it, which is known as the ‘Oreo Cookie Trade Dress'.

Kraft Foods has alleged that the edge lining on Britannia's product, the inner rings and the florets and their placement on the product are identical to the original Oreo Cookies.

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Published on January 06, 2011
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