Recently, a Single Judge Bench of the Delhi High Court comprising of Mr Justice C. Hari Shankar, dismissed a plea filed by biscuit manufacturer Britannia Industries Limited[1] seeking directions against ITC Limited[2] claiming that the defendants i.e. M/s ITC Ltd. and Ors. are manufacturing and selling “Sunfeast Farmlite 5-Seed Digestive[3]” biscuits in adopting a confusingly similar packing which is, according to the plaintiff, deceptively similar to the packing in which the plaintiff sells its “Nutri Choice Digestive[4]” biscuits. Britannia brought an action for infringement and passing off and had sought an interim injunction[5], restraining the defendants from manufacturing or selling biscuits in the impugned packing, pending disposal of the present suit.
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