CHAAYOS v. CHAIOPS: Delhi High Court Refers Trademark Infringement Dispute To Mediation

The Delhi High Court has referred a trademark infringement dispute between leading tea cafe chain 'Chaayos' and a cafe selling tea products 'Chaiops' to mediation, observing that there was a possibility of amicable resolution of the matter.

Justice Pratibha M Singh appointed Advocate Sidharth Chopra as mediator to attempt amicable resolution of disputes between the parties, while directing that the mediation shall be undertaken under the aegis of the Delhi High Court Mediation and Conciliation Centre.

The Court noted that there was admittedly no similarity in the device and logo of the two parties and that the only issue was regarding the phonetic or ocular similarity of the marks 'CHAAYOS' & 'CHAIOPS'.

The Court was dealing with a suit filed by Sunshine Teahouse Private Limited regarding its brand Chaayos seeking permanent injunction restraining infringement and unauthorised use of its trademark by Chaiops cafe.

Chaayos claimed that it was the user of the mark 'CHAAYOS' since the year 2012 and that as on date, it has 200 outlets across the country.

It was the case of Chaayos that the Defendant adopted the mark 'CHAIOPS' for products and services identical to its services and which was a violation of its registered trademark. However, defendant's counsel apprised the Court that cafe Chaiops already had 37 outlets in the Country.

"After hearing submissions of ld. Counsels for the parties, it appears that there is a possibility of amicable resolution of the disputes. Considering these facts, Mr. Sidharth Chopra, ld. Counsel, who is present in Court is appointed as the Mediator to attempt amicable resolution of disputes between the parties," the Court ordered.

The matter will now be heard on September 23.

Case Title: SUNSHINE TEAHOUSE PVT. LTD. v. MTRM GLOBAL PVT. LTD.

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