Who’s to blame for India Inc’s trademark troubles? Raghavendra Verma finds out
When Indian biscuit maker Britannia created a crunchy, chocolatey, cream-centred snack to accompany its Milk Bikis, Little Hearts and other confectionery treats on supermarket shelves, it had no idea how much of a splash its new product would make. For soon after its launch, Britannia’s Treat-O biscuit was taken to Delhi High Court, not for consumption, but for allegedly being a replica of Kraft Foods’ Oreo cookie. Lall & Sethi is representing Kraft in the case, while Karanjawala & Co is acting for Britannia.
Britannia has also been the instigator of several intellectual property disputes of its own, most notably accusing its former joint venture partner, Groupe Danone, of registering its Tiger biscuits trademark in 70 countries without first obtaining its approval. The case was settled in 2009, with Danone paying ₹220 million (US$4.8 million) and Britannia securing the global rights to the Tiger marque.
As India’s brands grow in number and value, disputes such as these are set to become all the more common. Yet, many of the country’s brand owners are falling well behind international standards when it comes to protecting and enforcing their IP rights.
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