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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 11^th October, 2022

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CS (COMM) 617/2022 & I.A. 14369/2022

SUNSHINE TEAHOUSE PVT. LTD.

..... Plaintiff

Through:

Mr. Ankit Miglani & Ms. Kaveri

Rawal, Advocates (M-7276358720)

versus

MTRM GLOBAL PVT. LTD.

..... Defendant

Through:

Ms. Swati Sukumar, Mr. Abhishek

Jain, Ms. Sutapa Jana, Mr. Gagan

Gulati,

Ms.

Anjali

Bisht,

Mr.

Shivansh Bhatt, Mr. Jasneet Singh &

Ms. Himangi Kapoor, Advocates (M-

9810857920)

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff, seeking permanent

injunction restraining infringement of its registered trademark and the

unauthorised use of the trade name etc. relating to the competing trademarks

‘CHAAYOS’ and ‘CHAIOPS’. The Plaintiff - M/s Sunshine Teahouse Pvt.

Ltd. is a company registered under the Companies Act, 1956 having its

registered office based out of New Delhi. It is the trademark owner of the

brand ‘CHAAYOS’ which it claims to be using since the year 2012 and

became the registered owner of the trademark in the year 2017. The Plaintiff

claims to be the leading chain of Chai Cafes in India operating in various

states across the country offering customised Chai in over 12,000 ways in

more than 200 outlets across the country. Further, where the physical stores

are not present, the Plaintiff has reached out to its customers through its

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004185

website www.chaayos.com offering delivery services and e-marketplaces

like www.amazon.in, www.flipkart.com, Bigbasket, Instamart, Grofers, etc.

The Plaintiff has a number of registered trademarks in various Classes as set

out below:

3. The Defendant - MTRM Global Pvt. Ltd., which was incorporated on

10th March, 2017 has its registered office based out of Ghaziabad, UP. The

Defendant

conceptualised

and

adopted

the

mark

sometime in July, 2020 for selling tea products through

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004185

a cafe under the name and style of ‘CHAIOPS’.

4. The case of the Plaintiff is that the Defendant adopted the mark

‘CHAIOPS’ for offering products and services identical to that of the

Plaintiff which is a violation of the Plaintiff’s registered trademark

‘CHAAYOS’. Ms. Sukumar, ld. Counsel for the Defendant submits that the

Defendant already had 37 outlets.

5.

The present suit was first listed on 6^th September, 2022, on which date

considering the prayer for interim injunction that had been made, this Court

was of the opinion that an amicable resolution ought to be explored between

the parties considering the status of the businesses of the Plaintiff and the

Defendant. The Plaintiff had about 200 outlets and the Defendant had

already opened 37 outlets by that date. Since the dispute primarily was on

the word mark and the device and the logo were not objected to, the parties

explored various options for the word mark, which the Defendant could

have adopted. However, the mediation proceedings failed and on the next

date of hearing, i.e., 23^rd September, 2022 further options were explored.

6. Yesterday, i.e., on 10th October, 2022 in the presence of Mr. Satvir

Singh on behalf of the Defendant, it was finally agreed that the Defendant

would change its word mark to ‘ChaiApps’ instead of ‘CHAIOPS’. This

was acceptable to the Plaintiff. Ld. Counsels for the parties were requested

to finalise the consented settlement terms and place the same before Court.

7.

Draft consent terms are stated to have been exchanged between

counsel for the parties. Today, submissions have been heard on the consent

terms as well. There is some dispute as to what timeline should be given to

the Defendant to give effect to changeover the word mark. After hearing the

submissions and considering the fact that