Observing that consumers generally do not ‘spot six differences’ between two identical biscuit packets, the Madras High Court has restrained ITC Limited from selling their Sunfeast Mom’s Magic Butter biscuits in a blue wrapper that was deceptively similar to the one used by Britannia Industries Limited for its Good Day Butter Cookies.
Justice P.T. Asha granted the interim injunction after pointing out that the Trade Marks Act, 1999 states that the term ‘mark’ would include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
Unlike the old Trade and Merchandise Marks Act, 1958, the law enacted in 1999 had recognised the fact that colour could also be registered as a mark. In fact, a reading of the objects and reasons to the new Act would show that the definition of the term ‘mark’ had been enlarged to include shape of goods, packaging and combination of colours.
