Theos and Theobroma trademark resolve dispute before Delhi High Court
Theos and Theobroma trademark resolve dispute before Delhi High Court
For receipt of the settlement application, the matter has been listed for 24 August
The warring competitors Theos Food Private Limited and Theobroma Foods Private Limited have agreed before the Delhi High Court to settle their trademark infringement suit regarding the bakery-related products and confectionery.
The bench of Justice Pratibha M Singh noted the settlement conditions while dealing with the case filed by Theos against Theobroma. It sought to restrain the latter from infringing the trademarks 'Theos', Theo's, Theo's pastries and chocolaterie.
The court stated, "The counsels for the parties submit that they wish to file a comprehensive joint application, setting out the settlement terms elaborately."
Theobroma agreed to restrict the use of the trademarks in its five food items - Dutch Truffle Cake, Chocolate Mousse Cup, Mava Cake, Dense Loaf, and Quiche.
Additionally, the usage of the mark would only be on the menu cards at the physical outlets of Theobroma, and not extend online.
The factions resolved that Theobroma would continue to retain all its trademark registrations for the 'Theobroma' mark and its registered variants, including 'Theos' and 'Theo'. It would also be entitled to protect and take all enforcement-related steps and opposition-related actions to safeguard the rights.
The two also agreed that Theos would be free to register its mark 'Theos' or 'Theo's' in word or logo for its goods and services offered in the Delhi-NCR region.
The parties also approved that neither of them would oppose each other's marks or object to the same so long as they followed the terms of the settlement. They agreed that in case Theos received any requests for the online supply or deliveries outside the Delhi-NCR region, it would be serviced under a different mark and name, not identical or deceptively like 'Theobroma'.
Since there were various disputes pending between the two entities before the Registrar of Trademarks, including cancellation petitions, they decided that all such disputes would stand resolved in terms of the settlement.
