In a trademark infringement battle between two popular confectionary brands, the Delhi High Court on Friday, 5 August, said that the brand Theos shall be geographically restricted to the Delhi-NCR while its competing entity Theobroma is free to expand its outlets across the country.
The parties reached a mutual decision for settlement.
“Theobroma is free to expand its outlets under the mark/name ‘THEOBROMA’ across the country. However, Theos shall be restrained to the Delhi-NCR region, insofar as its goods and services provided under the mark/name ‘THEOS’/‘THEO’S’ is concerned."Judge Prathiba M Singh's order, as quoted by Bar and Bench
The court laid down the guidelines for both parties to comply with the terms of settlement and noted that all disputes between them would stand resolved.
The matter will be heard again on 24 August.
Trademark Infringement Lawsuit
Mumbai-based Theobroma had initially objected to the use of mark ‘THEOS’/‘THEO’S’ by Theos in their goods and services but have now settled for Theo’s to restrict their business to Delhi-NCR, the court noted.
It said, "Theos shall be free to register its own mark ‘THEOS’/‘THEO’S’ as a word mark or in any logo form thereof, and use the same only in respect of goods and services offered in the Delhi-NCR region."
The court has also restricted the online sales of Theos to Delhi-NCR region under the same mark/name. It added that if it chooses to extend its commercial activities outside the region, as long as the totality of the mark/name used for such expansion was not identically or deceptively similar and does not create confusion with Theobroma.
Further, Theobroma is allowed to retain all its trademark registrations for ‘THEOBROMA’ and its registered variants and derivatives, including ‘THEOS’ and ‘THEO.’
The confectionary brand is entitled to protect and take all enforcements to safeguard its rights in these names and marks.
(With inputs from Bar and Bench.)
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