ITC Limited has moved the Calcutta High Court alleging that Britannia’s newly launched cheese-flavoured biscuit imitates the packaging and trade dress of its Sunfeast Wowzers brand. The Court observed that ITC did not seek any immediate ad-interim relief.
KOLKATA: ITC Limited has approached the Calcutta High Court, claiming that competitor Britannia Industries Limited has infringed its copyright and engaged in passing off by introducing a cheese-flavored biscuit with packaging and trade dress that closely resembles ITC’s Sunfeast Wowzers line.
The lawsuit, submitted to the Intellectual Property Rights Division of the Calcutta High Court, accuses Britannia of mimicking the distinctive visual identity of the Sunfeast Wowzers, including its color scheme, layout, and overall appearance.
The case was presented before Justice Ravi Krishan Kapur on February 6, 2026. The Court noted that ITC reasonably stated that no ad-interim order was necessary at this time.
ITC also mentioned that Britannia had only launched the disputed product in Kerala and Tamil Nadu, a claim that Britannia contested.
In light of these statements, the Court directed both parties to exchange affidavits. Britannia has one week to submit its affidavit in opposition, followed by ITC’s reply one week later. The matter is scheduled for further hearing on February 26, 2026.
ITC claims that Britannia has appropriated the essential and distinctive features of its Sunfeast Wowzers cheese variant packaging. The petition states that ITC introduced its product in November 2024, featuring a unique black, yellow, and orange design. ITC argues that this color combination was an unconventional approach aimed at distinguishing the product, as most cheese biscuits typically utilize orange or yellow schemes.
ITC alleges that the packaging for Britannia’s 50-50 cheese biscuits, launched in January 2026, replicates several key elements:
- Color Palette: A dominant black base complemented by high-contrast yellow and orange highlights.
- Visual Layout: An angled representation of a rectangular cracker with molten cheese positioned on the right side.
- Design Elements: Thematic yellow waves or splashes combined with liquid-effect typography.
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ITC emphasized the swift success of Sunfeast Wowzers, noting that it achieved a No. 2 market share in its category within just a year, generating approximately Rs 51.45 crores in sales. The company pointed out its substantial investment in advertising, which included a campaign featuring Bollywood superstar Shah Rukh Khan.
The petition claims that Britannia’s imitative packaging is likely to lead to initial interest confusion among consumers, especially in crowded retail spaces and small kirana stores where visual cues are more significant than brand names.
ITC is seeking a permanent injunction to prevent Britannia from manufacturing or selling products in the challenged packaging. The company is also pursuing:
- Copyright Infringement: ITC asserts it holds registered copyright (No. AT-20250162979) for the artistic work on the Wowzers packaging.
- Passing Off: ITC alleges that Britannia is attempting to benefit from its established goodwill.
- Damages: ITC has requested a decree for Rs 50 crores in punitive damages.
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According to the petition, Britannia has traditionally used a green font for its 50-50 brand but opted for a black scheme specifically for this product to align with the Wowzers aesthetic.
ITC was represented by Senior Advocates SN Mookherjee and Rudraman Bhattacharya, along with Advocates Paritosh Sinha and Manosij Mukherjee of Majumdar & Sinha, and Advocates Viraj Gupta, KK Pandey, S Majumdar, Dipro Dawn, Mallika Bothra, and Souradip Banerjee.
Britannia was represented by Senior Advocate Ratnanko Banerji, and Advocates Soumya Ray Chowdhury, assisted by Advocates Arunabha Deb and Ashika Daga of Avijit Deb Partners, as well as Advocates Raunak Das Sharma, S Bhowmik, Sampurna Mukherjee, and Aditya Mukherjee.