Delhi High Court Rejects Britannia’s Plea Of Trademark Infringement Against ITC’S 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,”