IPR INFRINGEMENT

PRESENTED BY:
PRASHANT GAURAV RAJSHREE SONI BFT-07

OBJECTIVES

Chapter

To study the foresaid case. To study about trademarks and their infringement grounds. To study in brief the topic of IPR laws and reasons of dispute. To analyze the case with respect to both the parties. To arrive at conclusion with inputs from the cases and justice statements.

INTRODUCTION

Chapter

Incorporated in 1918 as Britannia Biscuits Co Ltd. Controlling stake is jointly with Groupe Danone and Nusli Wadia. Products: Bread, Milk, Biscuits. Largest manufacturer of Biscuits in India. Biscuits contribute 84% of total turnover.

BRITANNIA INDUSTRIES LIMITED

INTRODUCTION

Chapter

Based in Downers Grove, Ill. Businesses:

North America: Fresh Bakery, Retail, Food

Service. International: Beverage, Bakery

SARA LEE LIMITED

Launched in Chennai in 1997.

STUDY OF INFRINGEMENT
MILK BIKIS MILK CREAM OF BRITANNIA REGD. NO. 171091 OF 11-04-1996 MARKETED FIRST IN OCT.,1996

Chapter

FUNNY FACE ON FRONT

STUDY OF INFRINGEMENT
MILK WALA OF SARA LEE
Chapter

PARENT: SARA LEE CORPORATION GLOBAL MANUFACTUREER OBTAINED REGD. NO. 179167 ON 01-04-1999

FACIAL DESIGN

THE INFRINGED RIGHTS

Chapter

Industrial Design of the biscuit

Section 47 of the Designs Act, Section 2(d) of the Design Act. funny face biscuit depicted On Relative Ground.

Trademark

Copyright of the Wrapper

CASE OF THE APPLICANT

Chapter

Circular, Funny face on one side. Novelty of the design of Biscuit and its wrapper. Deliberate, Similar Design in Milk Wala. Violation of registered design.

(Argued by: Mr. P.Chidambaram)

BRITANNIA INDUSTRIES LIMITED

CASE OF THE RESPONDENT

Chapter

Design common in developed countries. Pictorial representation of the funny faceDescriptive Matter. Logo on the wrapper is easily perceivable.

(Argued by: Mr. Kapil Sibal)

SARA LEE LIMITED

THE JUDGEMENT
Applications seeking for the interim reliefs were dismissed.
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No Industrial Design Infringement Copyright based on design claims. No Trademark infringement

CONCLUSION

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Design of the Biscuit:

Fraudulent Imitation. Distinguished by the customers eyes.

Different Design of the Wrapper. Use of Descriptive words can not be prevented

REFERENCE

Chapter

Design of the Biscuit:

Fraudulent Imitation. Distinguished by the customers eyes.

Different Design of the Wrapper. Use of Descriptive words can not be prevented

Thank You