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2023 Supreme(Online)(Mad) 81152

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble The CHIEF JUSTICE
ITC Limited – Appellant
Versus
Britannia Industries Ltd. – Respondent


COMMON JUDGMENT

(Judgment made by the Hon'ble Mr.Justice D.Bharatha Chakravarthy)

A. The Appeals:

These Original Side Appeals are directed against the order of the learned Single Judge, dated 10.10.2023 in O.A.Nos.551 to 555 of 2023 in C.S.(Comm Div).No.153 of 2023.

1.1. In the above applications, the respondent herein has prayed for interim injunction restraining the appellant herein from (i) indulging in unfair competition; (ii) infringement of their registered trademarks, (iii) passing off their goods as that of the plaintiff; (iv) infringement of copyright in the original artistic work in the wrapper; and (v) from diluting the goodwill and reputation of the plaintiff's trade dress and colour scheme. In this judgment the parties are referred to as per their array in the suit.

B. The Case of the Plaintiff :

2. The plaintiff, Britannia Industries Limited, filed the above suit pleading that it was established in the year 1892, from which date, it has been manufacturing biscuits in India. It started from a small house in Central Kolkata and now, it is a leading food Company with approximately Rs.13,000 crores as revenue. It's name itself has gained high reputation and goodwill and it has

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