ITC sues Britannia in Calcutta High Court over alleged imitation of ‘Sunfeast Wowzers’ packaging

ITC Limited has moved the Calcutta High Court alleging that rival FMCG major Britannia Industries Limited has infringed its copyright and passed off its products by launching a cheese-flavoured biscuit with packaging and trade dress deceptively similar to ITC’s Sunfeast Wowzers range [ITC Vs Britannia]..The suit, filed before the Intellectual Property Rights Division of the Calcutta High Court, accuses Britannia of copying the distinctive visual identity of Sunfeast Wowzers, including its colour scheme, layout, get-up and overall look and feel..The matter came up before Justice Ravi Krishan Kapur on February 6, 2026. The Court noted that ITC fairly submitted that no ad-interim order was required at this stage.ITC also submitted that Britannia had launched the impugned product only in Kerala and Tamil Nadu, a claim that was disputed by Britannia.In view of the submissions, the Court directed the parties to exchange affidavits. Britannia has been granted one week to file its affidavit-in-opposition, with ITC to file its reply one week thereafter. The matter has been listed for further hearing on February 26, 2026..ITC claims that Britannia has misappropriated the essential and distinctive features of its Sunfeast Wowzers cheese variant's packaging. According to the petition, ITC launched its product in November 2024 with a unique black, yellow, and orange packaging. ITC argues this combination was an unconventional route designed to stand out, as most cheese biscuits traditionally use orange or yellow themes.ITC alleges that Britannia’s new packaging of 50-50 cheese biscuits, launched in January 2026, replicates several key elements, including:Color Palette: A predominant black base with high-contrast yellow and orange accents.Visual Layout: An angled depiction of a rectangular cracker with molten cheese placed on the right-hand side.Design Elements: Thematic yellow waves or splashes and liquid-effect typography..ITC highlighted the rapid success of Sunfeast Wowzers, noting it reached a No. 2 market share in its category within just 12 months, generating approximately ₹51.45 crores in sales. The company further noted it has invested heavily in advertising, including a campaign featuring Bollywood superstar Shah Rukh Khan.The petition states that Britannia's copycat packaging is likely to cause initial interest confusion among consumers, particularly in crowded retail environments and small kirana stores where visual cues are prioritized over brand names..ITC is seeking a perpetual injunction to restrain Britannia from manufacturing or selling products in the impugned packagings. The company is also claiming:Copyright Infringement: ITC asserts it holds registered copyright (No. AT-20250162979) for the artistic work on the Wowzers packaging.Passing Off: Alleging Britannia is attempting to ride on ITC’s established goodwill.Damages: ITC has requested a decree for ₹50 crores in punitive damages.The petition notes that Britannia has historically used a green font for its 50-50 brand, but switched to a black scheme specifically for this product to match the Wowzers aesthetic..ITC was represented by Senior Advocates SN Mookherjee and Rudraman Bhattacharya, and 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, instructed by Advocates Arunabha Deb and Ashika Daga of Avijit Deb Partners and Advocates Raunak Das Sharma, S Bhowmik, Sampurna Mukherjee and Aditya Mukherjee..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.