New Delhi: Britannia Industries Ltd. on Wednesday told the Delhi high court that it was willing to consider changing the colour scheme of the packaging of its NutriChoice Zero biscuit, after rival ITC Ltd said it was identical to the packaging of ITC’s Sunfeast Farmlite Digestive All Good biscuit. Both are currently sold in a yellow and blue packaging.

Justice S. Muralidhar who was hearing the case asked Britannia to consider the possibility of using dark maroon colour and inform the court by Thursday.

Britannia had suggested the replacement of allegedly similar blue colour with dark purple, which was not accepted by ITC.

“When biscuits are stacked up together, it will not be possible to draw a distinction. We need them to adopt a colour that is vastly different from the colour scheme of our biscuit," legal counsel for ITC submitted before the court.

While Britannia agreed to change the blue colour of its packaging, it refused to do so with the yellow colour of the packaging. It told the court that yellow was the dominant colour that it had been using for packaging variants of digestive biscuits and could not consider changing that.

Taking this a step forward, Britannia said that as the market leader in digestive biscuits holding a 66% share, it was in the process of filing a counter-suit against ITC Ltd for its use of yellow colour on digestive biscuits.

On 24 August, ITC moved the Delhi high court claiming that Britannia’s NutriChoice Zero digestive biscuit brand had copied the packaging of its Sunfeast Farmlite Digestive All Good biscuit.

The petition alleging trademark infringement due to identical packaging sought payment of damages along with a direction by the court for withdrawal of Britannia’s product from the market.

The case will continue to be heard on 1 September, when the court is likely to pass an order for change in colour scheme for Britannia’s digestive biscuits.