Copyright Infringement War between Britannia and ITC

Case Code: CLMM164 Case Length: 5 Pages Period: 2016-2021 Pub Date: 2021 Teaching Note: Available

Price: Rs.200 Organization: Britannia Industries Limited Industry: Food & Beverage Countries: India Themes: Business Ethics, Marketing Communication, Ethics in Marketing, Product Strategy & Design

Abstract

The case “Copyright Infringement War between Britannia and ITC” talks about the legal tussle between leading Indian food companies, Britannia Industries Limited (BIL) and ITC Limited (ITC). In recent years, the two companies had accused each other of infringing their product packaging trademark to cause a loss of goodwill and confuse prospective buyers. The case provides in detail the various accusations of one party and the counters from the other party. It also briefly mentions the reasons for the two companies indulging in such a tussle. The case highlights the importance of trademark laws and the actions to be taken in case of infringement, apart from emphasizing the marketing ethics to be followed.

Issues

• Identify the need for establishing standards in marketing and promoting products and services.
• Understand the trademark infringement laws in India.
• Recognize the ethical issues involved in marketing, packaging, and promotion of products and services.
• Analyze the need for organizations to adhere to ethics in their marketing communications.

Introduction

In December 2020, one of India’s leading food companies, Britannia Industries Ltd (BIL) , filed two cases against rival multinational conglomerate company ITC Limited (ITC) in the Delhi High Court (DHC) alleging that ITC had infringed its product packaging trademark and passed off its product as that of BIL. BIL alleged that ITC’s packaging for its freshly launched ‘Veda Digestive’ and ‘Sunfeast Farmlite 5-Seed Digestive’ biscuits were ‘deceptively similar’ to BIL’s ‘NutriChoice Hi-Fibre’ and ‘NutriChoice Digestive’ biscuits. (See Exhibit I).

BIL filed two applications against ITC seeking an interim injunction to restrain it from manufacturing or selling biscuits in the impugned packing, pending disposal of the present suit. BIL also sought directions against ITC, claiming that it had caused loss to its goodwill by selling biscuits in similar packaging.

Keywords

Business Ethics; Marketing Communication; Copyright Management; Copyright Infringement; Trademarks; Packaging; Legal Terms In Copyrights; Passing Off; Brand Management; Legal Tussle; Goodwill; Packaging Design; Advertising appeals; Marketing Ethics; Copycat Packaging

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