A Civil Court in Ahmedabad has refused to prevent Savaliya Tea Packagers Pvt Ltd from using its label after Gujarat Tea Depot, which sells the Wagh Bakri brand, claimed copyright infringement. Wagh Bakri stated that Savaliya had adopted the same colour scheme and get-up as before.
Wagh Bakri was unconcerned about Savaliya's brand name, Panchratna. These elements, according to Wagh Bakri, are similar to those used on the Gujarat Tea Depot label. It claimed that Savaliya's label is identical and misleadingly similar.
Aside from claiming that deceptive label similarity can cause consumer confusion, Gujarat Tea Depot claimed that the items featured on the label are the same. It also claimed that, in response to an objection, Savaliya agreed not to use the label last year, but resumed use after introducing a picture of a kettle.
In response, Savaliya's lawyer, Zahid Shaikh, argued that the colour orange or saffron cannot be claimed as an exclusive or proprietary right by anyone because it is a natural rather than a created one. According to Shaikh, this colour can be used in many food items and also serves as the identity of food items. He claims that the cup and saucer depicted on the label are not one-of-a-kind.
Shaikh also claimed that the plaintiff company had the option of specifying which element should be registered under the Trade Marks Act, and that it had chosen a device rather than a colour for registration. It was argued that no company could claim a monopoly on the colours orange or saffron unless its colour scheme was first registered under trademark laws.
According to the Court, there are very few similarities between the two labels. According to the court, the orange/saffron colour is all over the backgrounds, and the letters are white and uppercase, but in different fonts and sizes. According to the court, the cup and saucer appear on both labels, but the angles are different. "Saffron/Orange colour is not the plaintiff's distinctive proprietary," the Court ruled in rejecting Savaliya's request to stop using its label.
The application was also filed without proper delegation of authority, according to the Court.