Anticipating possibility of amicable resolution, the Delhi High Court has referred to mediation, the trademark dispute between ‘CHAAYOS’ (Cafe Chain) and ‘CHAIOPS’ (Cafe selling Tea Products) to Mediation.
The single-judge bench of Justice Pratibha M Singh appointed Advocate Sidharth Chopra as Mediator to conduct the proceedings under the aegis of the Delhi High Court Mediation and Conciliation Centre.
The plaintiff filed the suit for permanent injunction restraining infringement of trademark and unauthorised use of trade name etc. relates to the trademarks ‘CHAAYOS’.
The Plaintiff’s brand ‘CHAAYOS’ was established and started operations in the year 2012 and it claimed to be the leading chain of Chai Cafes in India operating in various States across the country offering customised Chai in several variants.
The Plaintiff claims user of the mark ‘CHAAYOS’ since 2012. As on date, as per the Senior counsel for the Plaintiff, the Plaintiff has more than 200 outlets across the country. The Plaintiff also claims 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 case of the Plaintiff 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’.
The Court at the outset was of the view that there is no similarity in the device and logo of the parties and the only issue between the parties is regarding the phonetic/ ocular similarity of ‘CHAAYOS’ & ‘CHAIOPS’ marks.
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