Delhi High Court Restrains Flavoured Tea Brand From Making Fresh Manufacture In Chaayos’ Trade Dress, Orders Take Down Of Listings From Amazon

The Delhi High Court 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.”

Regarding the products that have already been manufactured under Chaayos’ packaging, Justice Prathiba M Singh directed the flavoured tea manufacturer to place on record the details of the inventory along with the monetary value.

The court also directed that the listings of Teacurry and Just Vedic products be taken down from the e-commerce platform Amazon, observing that they were copied almost identically from the packaging of Chaayos’ products.

“If the same are not taken down by the Defendant, the Plaintiff is free to approach the online platforms with the specific URLs for taking down the said listings,” the court said.

Justice Singh was dealing with a suit filed by Chaayos against Grey Mantra Solutions offering various flavours of tea on online platforms under the brand names Teacurry and Just Vedic.

It was Chaayos’ case that the manufacturer had adopted and copied several distinctive elements of its packaging, which forms a substantial imitation of its trade dress.

It was claimed that the packaging of manufacturer’s products had imitated the colours, some flavour names and the water mark of the word ‘chaai’ as used by Chaayos.

The court observed that there has been a clear imitation by the flavoured tea manufacturer and that distinctive elements of Chaayos’ trade dress were copied in Teacurry and Just Vedic products.

“Listings play a crucial role in online marketing and sales. 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,” the court added.

The matter will now be heard on January 29, 2024. Title: SUNSHINE TEAHOUSE PVT LTD v. GREY MANTRA SOLUTIONS

Citation: 2023 LiveLaw (Del) 1026

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