Delhi High Court restrains Teacurry, Just Vedic from making products resembling trade dress, packaging of Chaayos

The Delhi High Court recently restrained tea brands Teacurry and Just Vedic (defendants) from manufacturing its products with the trade dress and packaging resembling that of tea cafe Chaayos (plaintiff). [Sunshine Teahouse Pvt Ltd v Grey Matra Solutions].Single-judge Justice Prathiba M Singh said that the packaging and plastic containers used by the defendants bore clear resemblance to that of the plaintiff's. "The Plaintiff has several trademark registrations for the mark ‘CHAAYOS’ as also label/mark applications for distinctive packagings. Clearly, there has been an imitation by the Defendant. The distinctive elements of the trade dress has been copied by the Defendant. The copying of the listings and the expressions used in the same also point to the clear malafide intention of the Defendant who is clearly trying to sail as close to the wind as possible," the Court said while granting interim relief in favour of Chaayos. The Court also ordered the removal of Teacurry and Just Vedic product listings from the Amazon e-commerce platform, noting that they closely resembled 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 directed.With regard to products already manufactured, the Court directed the defendants to provide a record of the inventory's specifics and its monetary value for the products already produced under Chaayos' packaging."Defendant shall stand restrained from making any fresh manufacture of their tea products in the impugned trade dress packaging which has copied various distinctive elements, and are a colourable imitation of the Plaintiff’s product packaging. Insofar as the already manufactured products are concerned, the details of the inventory shall be placed on record along with the monetary value of the same. Notice be issued in this matter to the Defendant returnable on dates mentioned above," the Court directed..The Court was hearing a suit filed by Chaayos against Grey Mantra Solutions, which was selling a variety of tea flavors online under the brand names Teacurry and Just Vedic..The counsel for Chaayos contended that the defendants had replicated and mimicked various distinct aspects of its packaging, resulting in a significant imitation of its trade dress.It was further argued that the defendants packaging had copied the colors, certain flavor names and the watermark featuring the word 'Chaai' used by Chaayos..After examining the contentions, the Court noted that there was clear imitation by the defendants with distinctive elements of Chaayos' trade dress being replicated in the products of Teacurry and Just Vedic."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...some online listings have been modified to a new packaging with some features having been changed, however, when orders are placed, old products are delivered," the Court said.It, therefore, restrained the defendants from further manufacture of products with packaging and trade dress similar to Chaayos. The matter will be heard next on January 21, 2024.Advocates Ankit Miglani and Shreya Mansi James appeared for petitioner..[Read Order]