Britannia v ITC: the Battle for Blue

It is globally accepted that protection will be granted for a particular colour or combination of two or more colours only when it acts as a source identifier, and whether it acts as a source identifier depends on the specific circumstances of the case. However, the enforcement of colour marks, including trade dress, is still the subject of heated debate worldwide. The Delhi High Court Division Bench recently shed some light on the enforcement of colour marks in the trade dress passing-off case of Britannia Industries Ltd v ITC Ltd. The case is groundbreaking not only because of the well-reasoned and lucid judgment, but also because the division bench upheld the appeal when the appellate court would normally not be justified in interfering with the order of a single judge.

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