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The Madras High Court has vacated a stay it issued earlier restraining GlaxoSmithKline Consumer Healthcare Ltd (GSKCH) from marketing and distribution of Horlicks Nutribic biscuits.
According to the High Court order, GSKCH has been allowed to restart the marketing and distribution of Horlicks Nutribic biscuits in the market, with immediate effect, said a company statement.
It is to be noted that the Madras High Court, on August 23, issued an order restraining GSKCH, the maker of the Horlicks brand, from manufacturing, selling and advertising Horlicks Nutribic brand of biscuits for trademark and copyright violations of Britannia NutriChoice Oats biscuits.
Britannia’s counsel, R Jawahar Lal, partner of PRA Law Offices, confirmed the stay issued by the High Court earlier has been vacated while the suit would continue.
As reported earlier, immediately after the launch of Horlicks Nutribic, Britannia approached the Madras High Court with a stay application, asking the court to restrain GSK from selling the biscuits using the wrapper currently used by them, which according to Britannia, is replica of its wrapper for NutriChoice Oats.
The application also said GSK infringed Britannia’s registered trademark Nutribix.