ITC Sues Britannia in Calcutta High Court Over Alleged Copy of ‘Sunfeast Wowzers’ Biscuit Packaging

In a fresh trademark and trade dress dispute between two FMCG heavyweights, ITC Limited has filed a lawsuit against Britannia Industries in the Calcutta High Court, alleging that Britannia’s newly launched “50-50 Cheese Dipped” biscuits imitate the packaging and overall look of ITC’s “Sunfeast Wowzers”.

The matter was heard on February 6, 2026, before Justice Ravi Krishan Kapur, and is scheduled for further hearing later this month.

ITC vs Britannia: What the New Legal Dispute Is About

The lawsuit revolves around packaging similarity and trade dress infringement, with ITC claiming that Britannia’s product design is not just inspired but deliberately crafted to resemble Sunfeast Wowzers, a premium cheese biscuit brand launched in November 2024.

ITC has argued that the alleged similarities could mislead customers and unfairly benefit Britannia in a competitive market segment.

ITC’s Main Allegation: Packaging and Trade Dress Copying

Black-Yellow-Orange Packaging Under Scrutiny

According to ITC, the company introduced a distinctive packaging approach for Wowzers by using an unconventional combination of black, yellow, and orange, which stood apart from the usual cheese biscuit designs that generally rely on yellow or orange alone.

ITC claims Britannia has launched its “50-50 Cheese Dipped” biscuits using a similar visual style, leading to possible marketplace confusion.

Specific Design Elements Mentioned in the Suit

In its petition, ITC reportedly highlighted multiple packaging elements that it believes have been copied, including:

• A dominant black background

• Bright contrasting highlights in yellow and orange tones

• A product image featuring a rectangular cracker with melted cheese

• A visual style that includes splash-like yellow waves

• A “liquid-effect” typography style designed to reflect molten cheese

ITC argues that these elements collectively form the product’s trade dress identity, which it believes Britannia has misappropriated.

ITC Claims Copyright Protection Over Wowzers Packaging

ITC has also claimed that it holds registered copyright protection over the artistic packaging work of Sunfeast Wowzers.

The company cited its copyright registration (No. AT-20250162979) to strengthen its argument that Britannia’s pack design may also amount to copyright infringement, beyond trademark and trade dress concerns.

ITC Says Britannia’s Packaging May Create “Initial Interest Confusion”

One of ITC’s key arguments in court is the concept of “initial interest confusion”, where consumers may initially assume a product is associated with another brand due to visual similarity.

ITC reportedly stated that this risk is higher in:

• Small kirana stores

• Local retail outlets

• Crowded shelf displays

In such environments, customers often identify products by color and pack design rather than reading the brand name carefully.

Wowzers Market Performance Cited in Court

To establish brand reputation, ITC also pointed to the commercial growth of Sunfeast Wowzers.

The company claimed that within a year of launch, Wowzers reached a strong position in its category and achieved significant sales of around ₹51.45 crore, along with reaching the No. 2 market share in the segment.

ITC argues that such growth makes the packaging identity even more valuable and vulnerable to imitation.

ITC Seeks Injunction and ₹50 Crore Punitive Damages

In the petition filed before the Calcutta High Court, ITC has sought:

• A perpetual injunction restraining Britannia from selling the product in its current packaging

• ₹50 crore in punitive damages

• Relief against alleged misuse of ITC’s intellectual property and trade dress

This signals that ITC is treating the matter as a serious brand protection issue rather than a routine dispute.

Calcutta High Court’s Current Status and Next Steps

No Immediate Interim Ban at This Stage

During the hearing on February 6, 2026, the court noted that ITC did not push for an immediate ad-interim restriction on Britannia’s product sale at that stage.

Britannia Asked to File Response

Justice Ravi Krishan Kapur directed:

• Britannia to file an affidavit-in-opposition within one week

• ITC to file its reply within the following week

Next Hearing Date

The case is now listed for further hearing on:

February 26, 2026

ITC and Britannia: A Long History of Packaging Disputes

The ITC vs Britannia rivalry is not new, particularly in the biscuits segment where packaging plays a major role in consumer recall.

Earlier Legal Battles Between the Two FMCG Giants

Over the years, the two companies have faced off multiple times:

• 2016: ITC sued Britannia over Nutri Choice Digestive Zero packaging

• 2021: Britannia sued ITC over Farmlite 5-Seed Digestive packaging

• 2023–2025: Both fought a major dispute over Mom’s Magic vs Good Day packaging, which reportedly ended in a settlement in July 2025 after Supreme Court intervention

This new Wowzers-related lawsuit adds another chapter to the ongoing competition between India’s top biscuit brands.

Why This Case Matters for the Premium Cheese Biscuit Segment

The dispute is significant because it targets the fast-growing premium cheese biscuit market, where branding and packaging influence buying decisions heavily.

With ITC and Britannia both expanding product innovation in this segment, the court’s final decision could set an important benchmark for:

• Trade dress protection in FMCG

• Packaging similarity standards

• Brand identity enforcement in Indian retail markets

What to Watch Next

The Calcutta High Court is expected to hear the matter again on February 26, 2026, after Britannia submits its affidavit and ITC files its response. While no immediate restriction has been imposed yet, the case could become one of the most closely watched FMCG packaging disputes of 2026.

If ITC succeeds, it may force Britannia to redesign the packaging of “50-50 Cheese Dipped,” while also reinforcing stronger legal boundaries around trade dress protection in India’s highly competitive biscuits market.