Ahmedabad: The city civil court has refused to remain a tea packaging firm, Savaliya Tea Packagers Pvt Ltd, from using its label after Gujarat Tea Depot, which sells Wagh Bakri, alleged copyright infringement.
Wagh Bakri said that Savaliya had adopted a color scheme and a rise similar to those who were always used.
Wagh Bakri has no problems with the Savaliya brand name, Panchratna.
But Wagh Bakri objected to the use of turmeric, color schemes, and images in the Savaliya label.
These elements, Wagh Bakri claims, similar to the components used on the Gujarat tea depot label.
He claimed that the Savaliya label was identical and similar.
In addition to claiming that the similarity of cheating in the label can cause confusion in the consumer’s mind, the Gujarat tea depot believes that the items displayed on the label are the same.
It was also conveyed that after the objection, Savaliya agreed not to use labels last year, but began using it after introducing a kettle image.
In response, Advocates Savaliya Zahid Shaikh argues that orange or safron cannot be claimed as exclusive rights or property rights by anyone because it is a natural color and not made.
This color can be used in many food items and also the identity of food articles, Shaikh said.
Even the cups and plates printed on the label are not unique, he said.
Shaikh also proposed that the Plaintiff company has the option to determine which elements must be registered under the Trademark Law, and it has selected devices and not colors for registration.
It is said that no company can claim the monopoly with orange or turmeric without registering the color scheme under the trademark law.
The court said after seeing both labels, it could be stated that there were very few in common.
Orange / saffron colors are in all backgrounds and letters are white and in uppercase but in different fonts and sizes, the court said.
Cups and plates are present on both labels, but the corners are different, the court said.
“The color of turmeric / orange is not the possession of the plaintiff,” said the court while rejecting the application to stop Savaliya from using the label.
The court also assumed that the application was submitted without the right authority delegation.