Delhi High Court Rejects Britannia Plea Of Trademark Infringement Against ITC Sunfeast Digestive Biscuits

Case: BRITANNIA INDUSTRIES LTD Vs. ITC LTD & ORS.

Coram: HON’BLE MR. JUSTICE C.HARI SHANKAR

Case No: CS(COMM) 553/2020

Court Observation: “The perception, whether in the case of infringement or passing off, is to be that of a person of average intelligence and imperfect recollection – not of an idiot, or an amnesiac. The average human mind has not been particularly conditioned to observe only similarities, and overlook dissimilarities.”

“If similarities can cause deception or confusion, dissimilarities, if sufficient, can also obviate any such possibility,”

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