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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