News and developments
The battle over orange-red colour scheme for noodles wrapper
ITC alleged CGF has copied the visual appearance of Sunfeast Yippee Noodles wrapper .
ITC seeks to restrain CGF from using Wai Wai branded noodles sold in the packaging appended below:
The question before the Court was to determine the most crucial feature in a composite mark, is it the verbal elements or the overall visual appearance. The post discusses Appeal filed by ITC at the Karnataka High Court against the Order of the City Civil and Sessions Judge, Commercial Court, Bengaluru.
![](https://www.legal500.com/developments/wp-content/uploads/sites/19/2022/01/Noodle-one.png)
![](https://www.legal500.com/developments/wp-content/uploads/sites/19/2022/01/Noodle-two.jpg)
Facts in brief
ITC, in its claim, primarily relied upon the overall visual appearance /get up of its orange, red colour scheme for its Sunfeast Yippee Magic Masala Noodles wrapper. ITC claimed that it has been using the packaging since 2010. It has spent a substantial amount on promotion and advertisements of its packaging and brand. Therefore, it is well-known among the trade and public. CGF's use of an identical get-up for its Wai Wai branded white noodles amounts to passing off and copyright infringement and damages its reputation and goodwill. CGF defended the action contending that they are engaged in manufacturing, supplying, and exporting food products and is a leading player in the FMCG and packaged foods segment. They deny similarity in the rival wrappers as the purchaser is more likely to identify the packet through verbal elements of the mark such as the brand name, rather than rely on the colour scheme or get-up for source identification. The trial court after hearing the parties dismissed the injunction application filed by ITC who in turn filed the Appeal before Karnataka High Court.Appeal before the High Court
In the Appeal the Division Bench (two-Judge bench) considered the following:- Whether the impugned Order passed by the Commercial Court requires interference?
- Whether CGF's wrapper is a material misrepresentation of ITC?
- Whether there is copyright infringement?