The Delhi High Court recently issued an injunction preventing tea brands Teacurry and Just Vedic (the defendants) from producing their products with packaging that closely resembles that of the Chaayos tea cafe (the plaintiff).
Justice Prathiba M Singh, a single judge in this case, stated that the packaging and plastic containers employed by the defendants closely resembled those used by the plaintiff.
The court, when granting interim relief in favor of Chaayos, emphasized that the plaintiff holds multiple trademark registrations for the "CHAAYOS" mark, along with label/mark applications for unique packaging. It was evident that the defendant had imitated the distinctive aspects of the plaintiff's trade dress. Additionally, the defendant's replication of the product listings and language used in their packaging indicated a clear malicious intent, as they were evidently trying to closely mimic the plaintiff's brand.
The Court also directed the removal of product listings for Teacurry and Just Vedic from the Amazon e-commerce platform, citing their close resemblance to the packaging of Chaayos' products.
The Court directed that if the defendants did not take down the mentioned listings themselves, the plaintiff was given the freedom to approach online platforms with specific URLs to request the removal of these listings.
Regarding the products already manufactured, the Court instructed the defendants to furnish a record specifying the inventory's details and its monetary value for the products that had already been produced using Chaayos' packaging.
The Court directed that the defendant is prohibited from producing any new tea products in packaging that imitates various distinctive elements of the plaintiff's product packaging, as it constitutes a clear imitation. As for the products that have already been manufactured, the Court ordered the defendant to provide a record detailing the inventory, including its monetary value. The Court also mentioned that a notice should be issued in this matter to the defendant with returnable dates specified.
The Court was presiding over a lawsuit filed by Chaayos against Grey Mantra Solutions. Grey Mantra Solutions was engaged in selling a range of tea flavors online using the brand names Teacurry and Just Vedic.
Chaayos' legal representative argued that the defendants had duplicated and imitated various unique elements of its packaging, leading to a substantial imitation of its trade dress. They also pointed out that the defendant's packaging had copied the colors, specific flavor names, and the watermark featuring the word 'Chaai' that Chaayos used.
After considering the arguments presented, the Court observed that the defendants had indeed imitated distinctive elements of Chaayos' trade dress in the products of Teacurry and Just Vedic.
The Court highlighted the significance of online listings in marketing and sales, noting that the copying of listings implied an attempt by the defendant to present its products as those of the plaintiff, potentially leading to confusion at the point of sale. The Court also mentioned that while some online listings may have been altered to show a new packaging with certain modifications, when orders were placed, customers were receiving the old products.
The next hearing for this case has been scheduled for January 21, 2024.
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