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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