HC refers the matter of Trademark Infringement between ‘CHAAYOS’ and ‘CHAIOPS’ for mediation

 

The Single Bench of the Delhi High Court in the case of Sunshine Teahouse Pvt. Ltd. vs Mtrm Global Pvt. Ltd. consisting of Justice Prathiba M. Singh referred the matter of Trademark Infringement between ‘CHAAYOS’ and ‘CHAIOPS’ for mediation to enable amicable settlement between the parties.

Facts

This suit was filed for grant of permanent injunction restraining infringement of trademark and unauthorised use of trade name etc. relates to the trademarks ‘CHAAYOS’ and ‘CHAIOPS’. The Plaintiff has several registered trademarks and claims user of the mark ‘CHAAYOS’ since 2012 with about 200 outlets across the country. It also claimed to have a huge presence in the online delivery system as well. The Defendant adopted the mark ‘CHAIOPS’ for selling tea products through a cafe under the name and style of ‘CHAIOPS’. The Plaintiff’s case was that the Defendant adopted the mark ‘CHAIOPS’ for products and services identical to the Plaintiff’s services and products which is a violation of the Plaintiff’s registered trademark ‘CHAAYOS’. It was submitted for the Defendant that it already had 37 outlets.

Observations of the Court

The Bench opined that the only issue between the parties was regarding the phonetic/ ocular similarity of ‘CHAAYOS’ & ‘CHAIOPS’ marks and there was a possibility of amicable resolution of the disputes. 

Judgment

The Bench, considering these facts, appointed Mr. Sidharth Chopra, ld. Counsel, as the Mediator to attempt amicable resolution of disputes between the parties. The case was to be listed before Court on 23^rd September 2022.

Case: Sunshine Teahouse Pvt. Ltd. vs Mtrm Global Pvt. Ltd. 

Citation: CS(COMM) 617/2022 & I.As. 14369/2022, 14370-71/2022

Bench: Justice Prathiba M. Singh

Decided on: 6^th September 2022

 Read Judgment ; 

 

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(With input from news agency language)

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