A Division Bench of the Madras High Court on Wednesday, November 8, 2023 confirmed an order passed by a single judge of the High Court last month restraining ITC Limited from selling Sunfeast Mom’s Magic butter biscuits in a blue wrapper that was deceptively similar to the one used for several years by Britannia Industries Limited for Good Day Butter Cookies.
First Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy partly allowed an original side appeal filed by ITC Limited and permitted the appellant company to sell its butter biscuits in the blue wrappers only until the existing stock in such wrappers gets exhausted. They made it clear that the colour should be changed thereafter.
