The Delhi High Court in the case Sunshine Teahouse Pvt Ltd v. Grey Mantra Solutions observed and has restrained a flavoured tea brand, selling its products under the brand name ‘Teacurry’ and ‘Just Vedic’, from making any fresh manufacture under the trade dress and packaging of the tea café ‘Chaayos.’
The bench headed by Justice Prathiba M Singh in the case observed and has directed the flavoured tea manufacturer to place on record the details of the inventory along with the monetary value, with regards to the products that have already been manufactured under Chaayos’ packaging.
The court in the case observed and has directed that the listings of Teacurry and Just Vedic products be taken down from the e-commerce platform Amazon, that they were copied almost identically from the packaging of Chaayos’ products.
The court stated that if the same are not taken down by the Defendant, the Plaintiff in the case is free to approach the online platforms with the specific URLs for taking down the said listings.
The bench of Justice Singh was dealing with the present suit moved by Chaayos against Grey Mantra Solutions offering various flavours of tea on online platforms under the brand names Teacurry and Just Vedic.
Therefore, it being the case of Chaayos’ that the manufacturer had adopted and copied several distinctive elements of its packaging, which forms the substantial imitation of its trade dress.
It was also claimed before the court that the manufacturer had adopted and has copied several distinctive elements of its packaging, which forms the substantial imitation of its trade dress.
The court observed that there has been the clear imitation by the flavoured tea manufacturer and that distinctive elements of Chaayos’ trade dress were copied in Teacurry and Just Vedic products.
Adding to it, the court stated that listing play a crucial role in online marketing and sales. Thus, the copying of listings also indicates that the Defendant is trying to pass off its products as that of the Plaintiff, in view of the point-of-sale confusion that becomes clearly possible. Accordingly, the court listed the matter for further consideration on January 29, 2024.
