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Synopsis

The Delhi High Court recently referred a trademark dispute between ‘CHAAYOS’ and ‘CHAIOPS’ to mediation.

Justice Pratibha M. Singh was hearing a suit filed by Sunshine Teahouse Pvt. Ltd for permanent injunction, restraining the infringement of trademarks and unauthorised use of trade names etc. of ‘CHAAYOS’ and ‘CHAIOPS’

Plaintiff's brand ‘CHAAYOS’ was founded and began operations in 2012, and claims to be the leading chain of Chai Cafes in India, with more than 200 outlets across the country, that provides customised Chai in a variety of flavors. It also claims to have a huge online delivery system as well.

It alleged that the defendant adopted the mark ‘CHAIOPS’ for selling tea products through a cafe under the name and style of ‘CHAIOPS’.

Plaintiff claims that the defendant used the trademark 'CHAIOPS' for products and services that are identical to its services and products, and is in violation of the registered trademark ‘CHAAYOS’.

Court noted that there is no similarity in the device and logo of the parties.

“The only issue between the parties is over the phonetic/ocular similarity of 'CHAAYOS' and 'CHAIOPS' marks”, the court added.

Noting that there is a possibility of an amicable resolution of the dispute, the court-appointed Advocate Sidharth Chopra as the mediator directing that the mediation be undertaken under the aegis of the Delhi High Court Mediation and Conciliation Centre.

Court ordered that Parties must appear in front of the Mediator, both virtually and physically subject to the convenience of all parties involved and it must be ensured that competent people are involved and directed that officials from both the Plaintiff and the Defendant must be present in the mediation proceedings.

Accordingly, the court listed the matter for September 23, 2022.

Case Title: Sunshine Teahouse Pvt. Ltd. v. MTRM Global Pvt. Ltd.