American packaged foods company Kraft Foods Inc on Tuesday filed a law suit against Indian biscuits and dairy business company Britannia Industries for trademark and copyright violations of its popular Oreo cookies, The Economic Times reported.
Treat-O biscuit, launched recently by Britannia is a copy of Kraft’s cream-filled sandwich cookies, the US packaged food maker said in a suit filed in the Delhi High Court.
Kraft has sought an injunction to prevent Indian industrialist Nusli Wadia-owned Britannia from making, selling, marketing or advertising any product that has an element of its Oreo cookies.
The report also said Kraft has sought damages for infringement of trademark and copyright of its Oreo brand of cookies.
Kraft said in the suit Britannia has copied design etchings, which the former refers to Oreo cookie trade dress, such as florets and inner rings of Oreo biscuits.
“The lining on Britannia’s product, inner rings and florets and their placement on the product are identical to the original Oreo cookies,” Kraft said.
The American firm also alleged that the Britannia’s brand name Treat-O had an emphasis on ‘O’, which is inspired by its Oreo.
The report said Britannia spokesman refused to comment citing it had got no communication on the issue.
Kraft’s Oreo cookies is being imported and sold in India after it was registered in 1991.
In 2007, the Indian bakery and dairy products maker was involved in a legal tussle with French foods company Danone alleged infringement of its Tiger biscuit and it played the role of a plaintiff.
Subsequently, Danone ended its joint venture with Britannia and established an independent company in India.