DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Britannia Industries Ltd. – Appellant
Versus
ITC Ltd. – Respondent
JUDGMENT
Manmohan, J. (Oral)--The appeals have been heard by way of video conferencing.
2. The present appeals arise from the impugned order/judgment dated 05th April, 2021 passed in I.A Nos. 12115/2020 in CS(COMM) 553/2020 and I.A No. 12125/2020 in CS(COMM) 554/2020, which were filed impugning the packaging of the Respondent No.1/Defendant No.1 depicted hereinbelow:
| Product Description | Impugned Packaging in CS(COMM) No. 553 of 2020 |
| Sunfeast Farmlite 5-Seed Digestive (Pillow Packaging) | ![]() |
| Sunfeast Farmlite 5-Seed Digestive (Box Packaging) | ![]() |
| Sunfeast Farmlite Veda Digestive (Pillow Packaging) | ![]() |
| Sunfeast Farmlite Veda Digestive (Box Packaging) | ![]() |
3. During the pendency of the suits, the Defendant No.1/Respondent No.1 modified the packaging of the products in question, namely, `Sunfeast Farmlite 5-Seed Digestive' and `Sunfeast Farmlite Veda Digestive', and released the same into the market. This modified packaging is depicted hereinbelow:
| Product Description | Modified Packaging in CS(COMM) No. 553 of 2020 |
| Sunfeast Farmlite 5-Seed Digestive (Pillow Packaging) | ![]() |
| Sunfeast Farmlite 5-Seed Digestive (Box Packaging) | ![]() |
| Sunfeast Farmlite Veda Digestive (Pillow Packaging) | ![]() |
| Sunfeast Farmlite Veda Digestive (Box Pack | ![]() |
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