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IPR INFRINGEMENT
PRESENTED BY:
PRASHANT GAURAVRAJSHREE SONI
BFT-07
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OBJECTIVES
To study the foresaid case. To study about trademarks and their
infringement grounds.
To study in brief the topic of IPR lawsand reasons of dispute. To analyze the case with respect to both
the parties.
To arrive at conclusion with inputs fromthe cases and justice statements.
Chapter 1
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INTRODUCTION
Incorporated in 1918 as Britannia BiscuitsCo 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.
Chapter 2
BRITANNIAINDUSTRIES
LIMITED
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INTRODUCTION
Based in Downers Grove, Ill. Businesses:North America: Fresh Bakery, Retail, Food
Service.International: Beverage, Bakery
Launched in Chennai in 1997.
Chapter 2
SARA LEELIMITED
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STUDY OF INFRINGEMENT
Chapter 3MILK BIKIS MILK CREAM OF
BRITANNIAREGD. NO. 171091 OF 11-04-1996
MARKETED FIRST IN OCT.,1996
FUNNY FACE ON FRONT
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STUDY OF INFRINGEMENT
Chapter 3MILK WALA OF SARA LEE
PARENT: SARA LEE CORPORATION
GLOBAL MANUFACTUREEROBTAINED REGD. NO. 179167 ON
01-04-1999
FACIAL DESIGN
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THE INFRINGED RIGHTS
Industrial Design of the biscuitSection 47 of the Designs Act,
Section 2(d) of the Design Act.
Trademarkfunny face biscuit depictedOn Relative Ground.
Copyright of the Wrapper
Chapter 4
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CASE OF THE APPLICANT
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.
Chapter 5
BRITANNIAINDUSTRIES
LIMITED
(Argued by: Mr. P.Chidambaram)
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CASE OF THE RESPONDENT
Design common in developed countries. Pictorial representation of the funny face-
Descriptive Matter.
Logo on the wrapper is easilyperceivable.
Chapter 6
SARA LEELIMITED
(Argued by: Mr. Kapil Sibal)
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THE JUDGEMENT
Applications seeking for the interim reliefswere dismissed.
No Industrial Design Infringement
Copyright based on design claims. No Trademark infringement
Chapter 7
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CONCLUSION
Design of the Biscuit:Fraudulent Imitation.
Distinguished by the customers eyes.
Different Design of the Wrapper. Use of Descriptive words can not beprevented
Chapter 8
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REFERENCE
Design of the Biscuit:Fraudulent Imitation.
Distinguished by the customers eyes.
Different Design of the Wrapper. Use of Descriptive words can not beprevented
Chapter 8
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Thank You