A lawsuit brought by Sunshine Teahouse Pvt. was being heard by Justice Pratibha M. Singh. Ltd. seeking a permanent injunction against the use of the trade names “CHAAYOS” and “CHAIOPS” in violation of their trademarks. The plaintiff’s brand, “CHAAYOS,” was established and put into service in 2012. With more than 200 locations across India, it claims to be the largest chain of Chai Cafes and offers specialised chai in a range of flavours. Additionally, it asserts to have a sizable internet delivery network.
In violation of the registered trademark “CHAAYOS,” the plaintiff alleges that the defendant used the trademark “CHAIOPS” for goods and services that were identical to its own goods and services. The device and logo of the parties do not resemble one another, according to the court. The court further stated, “The only disagreement between the parties relates to the phonetic/ocular resemblance of the marks ‘CHAAYOS’ and ‘CHAIOPS’.
According to Chaayos, it has been using the mark “CHAAYOS” since 2012 and currently operates 200 locations nationwide. In the instance of Chaayos, the Defendant used the mark “CHAIOPS” for goods and services that were exact replicas of its services, infringing on the company’s registered trademark. However, defence counsel for the defendant informed the Court that café Chaiops already had 37 locations around the nation.
The Court ruled that Mr. Sidharth Chopra, a senior counsel who was present in court, be appointed as the Mediator to attempt an amicable resolution of disputes between the parties. “After hearing submissions of ld. Counsels for the parties, it appears that there is a possibility of amicable resolution of the disputes,” the Court stated.
