HC-BISCUITS 2 LAST

Advancing the arguments today, Britannia’s counsel told Advancing the arguments today, Britannia’s counsel toldthe bench "this (Nutri Choice Digestive Zero biscuit) is a hotselling item and I have stopped its production. It is acommercial loss to us. I cannot be asked to stop selling thisitem. Yellow has been our standard colour since 2008." "On the packing, I have clearly and boldly said that I amBritannia. The judgement passed by the single judge iserroneous. This injunction should be kept in abeyance as it isaffecting our business," they said. "For us, it is a day to day loss. Manufacturing of thisproduct has stopped. If I am not selling the product, I cannotbe able to quantify my loss," the lawyer said. When ITC’s counsel said the colour combination used byBritannia was similar to the colours used by them, the benchsaid, "You cannot appropriate a colour or combination of acolour." "Both (Britannia and ITC) of you are trying toappropriate a colour which you both cannot," the bench said,adding, "Do you have a monopoly as far as colour is concerned.You cannot say you have the propriety right on any colour." The single judge had asked Britannia to adopt a"distinctively different" packaging from the one currentlyused by ITC for its biscuit as such "deception" could confusethe consumers. The single judge had said it would be open to Britanniato adopt the packaging it uses for the product internationallyor, while retaining the yellow colour, it could substitute theblue colour in the packaging with any other distinctive colourother than variants of blue. PTI ABA PPSARC