IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(COMM) 286/2021 & I.A. 7441/2021, I.A. 7442/2021, I.A. 7443/2021, I.A. 7444/2021, I.A. 7445/2021 INTERCONTINENTAL GREAT BRANDS LLC ….. Plaintiff

Through: Mr C.M. Lall, Sr. Adv.

assisted by Ms Nancy Roy, Ms Jyotideep

Kaur and Mr. Abhishek Kotnala, Advs.

Versus

SUMO BISCUITS PVT. LTD. & ANR. ….. Defendants

Through: None

CORAM: HON’BLE MR. JUSTICE C. HARI SHANKARORDER04.06.2021
Intercontinental Great Brands LLC (Applicant) initiated legal proceedings against Sumo Biscuits Pvt Ltd (Respondent). As per the suit, Defendant has been manufacturing and marketing its ‘Black Pearl’ biscuits, and the get-up of Defendants’ packaging is near identical to that of Plaintiff’s ‘OREO biscuits’, with blue colour and a biscuit, which closely resembles the biscuit of the Plaintiff being shown in a splash of milk. As such, it submits that even the concept packaging is from that of Plaintiff. However, Plaintiff submitted that it is not seeking an injunction against the Defendants’ products which are already in the market, or against the Defendants manufacturing or selling its cookies, provided that they do so in a packaging that is not imitative of that of Plaintiff. The Delhi High Court Bench of Justice C Hari Shankar restrained Defendants from clearing or marketing their product ‘Black Pearl‘ in the packaging, similar to Plaintiffs.
 
The latest development in the case occurred on October 26, 2021, INTERCONTINENTAL GREAT BRANDS LLC and SUMO BISCUITS PVT. LTD. & ANR both parties are exploring possibilities of settling the case. 
 
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Author

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    Abhishek is an intellectual property Attorney. He specializes in the registration and maintenance of patents, designs, trademarks, and copyrights. He regularly assists companies in relation to crucial technology issues. He also helps organizations or individuals to develop patent portfolio management strategies for exciting new inventions and processes. Abhishek has past work experience with reputed firms like SaiKrishna and Associates Advocates, L.S. Davar and Co., Masilamani Law Partners, and Ripple IP Services (NCR).