Oreo Drags Parle to Delhi High Court over infringement pertaining to Biscuit's Design

Oreo Drags Parle to Delhi High Court over infringement pertaining to Biscuit's Design

Oreo has dragged Parle Product to the Delhi High Court over the design of Parle's Fabio Biscuit. Oreo is being made by Intercontinental Great Brands which is a unit of snacking major Mondelez International.

The Intercontinental Great Brand alleged that Parle's Fabio Biscuit is deceptively similar to that of Oreo. The colour pack of the biscuit of both brands are also the same (Blue and White). The Intercontinental files the trademark infringement case in the Delhi High Court contending the same. Mondelez International is an American Multinational Company that deals in confectionery, food and beverages. The intercontinental Great Brand LLC is a US-based company that manufactures and supplies packaged food product and is a unit of Mondelez International.

Parle Products Pvt. Ltd. is an Indian Food Products Company that have a substantial share in the global biscuit market and one of the largest selling brands in the World. Parle launched Fabio Biscuit in 2020 in two flavours. On the other hand, Oreo already has a substantial market share in India, being launched 10 years ago. The company claims that India is among Oreo's top-five markets by volume and the fourth largest market for the cookie brand in the world, where the global sale of Oreo has hit $3.1 billion in sales in 2019.

Both Mondelez and Parle declined to comment on the development of the case. "Mondelez India will be unable to comment as the matter is sub-judice," Mondelez India told a leading media in a statement when asked. On the other hand, when the matter was heard on 9 February 2021, the plaintiff requested to prepone the hearing which was denied by the court. The Court will hear the matter again on 12 April 2021.

Indian Biscuit Industry has witnessed various cases of IP infringement previously. On a similar line, Britannia contended that the Future Consumer's Tasty Treat brand's packaging was deceptively similar to its packaging. Again on similar lines, Britannia alleged that Sunfeast Veda Digestive and Sunfeast 5-Seed Digestive biscuits' packaging, were deceptively similar to its own Nutri Choice Hi-Fibre and Nutri Choice Digestive biscuits' packaging. The ITC had moved to Delhi High Court in 2016 alleging that the packaging of Britannia's Nutrichoice Digestive Zero biscuits are similar to that of ITC's Sunfeast Farmlite Digestive All Good Biscuit, to which ITC won.