Back
DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Britannia Industries Ltd. – Appellant
Versus
ITC Ltd. – Respondent
| Table of Content |
|---|
| 1. impugned and modified product packaging details. (Para 2 , 3) |
| 2. dismissal of interim applications. (Para 4) |
| 3. amicable resolution of disputes and agreed terms. (Para 5) |
| 4. setting aside of the impugned order and conclusion of appeals. (Para 6) |
| 5. signing of order by advocates as token of acceptance. (Para 7) |
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 i
 | |
 | |
 | |
 |
The court recognized the validity of amicable resolutions in intellectual property disputes, allowing modifications in packaging while dismissing prior claims for damages.
Amicable settlement between parties – Dispute regarding Packaging of products - Impugned order set aside and the same shall not be treated as a precedent.
Litigation may be effectively disposed of when the respondent voluntarily modifies the impugned conduct to satisfy the appellant's concerns, thereby rendering the underlying cause of action non-exist....
The court modified the stay order to prevent consumer deception due to the defendant's imitation of the plaintiff's trademark packaging.
Trademark infringement and passing off claims are assessed based on overall consumer confusion and not merely by direct comparison of marks.
The main legal point established in the judgment is that an amendment application for including averments regarding infringement of registered trademarks may be allowed if it is based on the same cau....
The main legal point established in the judgment is the balance of equities between the parties and the maintenance of public interest in permitting the sale of existing stock in trademark infringeme....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
