Britannia vs ITC biscuits packaging feud: SC asks both cos to resolve issue amicably

The Supreme Court issued a directive on Wednesday, instructing ITC and Britannia Industries to engage in a process of 'exchanging suggestions' to resolve their dispute regarding packaging that is deemed misleadingly similar.

ITC contested the ruling of the Madras High Court, which prohibited the use of the existing packaging for Sunfeast MOM's Magic Butter Cookies. The court based its decision on allegations of infringement related to Britannia's Good Day Butter Cookies packaging.

A Division Bench of the Madras High Court upheld a previous order issued by a single judge of the High Court, prohibiting ITC from selling Sunfeast Mom’s Magic butter biscuits in a blue wrapper.

Sunfeast Mom’s Magic was deemed deceptively similar to the packaging used for many years by Britannia Industries for Good Day Butter Cookies.

Back then, the first Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy partially granted an original side appeal filed by ITC and permitted it to sell its butter biscuits in the blue wrappers until the current stock in such packaging is depleted. However, they emphasised that a colour change must be implemented once the existing stock is exhausted.

A panel headed by Justice Sanjiv Khanna expressed that it would be preferable for the two companies to engage in dialogue and amicably resolve the matter. This suggestion was made considering that both entities produce premium products widely consumed by the public.

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