Brands have gained goodwill due to its business model and services…
On the orders of Saket District Judge, Delhi, trademark infringement action was taken against all outlets of Chai Shai Bar located in Jabalpur for trademark infringement of Chai Sutta Bar which is a very popular brand involved in the business of selling tea and has gained goodwill due to its business model and services.
The owner of Chai Sutta Bar, Mr. Anand Nayak informed that for the past few months, he had been receiving complaints from various places about people trying to sell them franchisees of CHAI SHAI BAR and luring them to close CHAI SUTTA BAR outlets and take the franchise of CHAI SHAI BAR by reducing fees.
Seeing an increase in this, Chai Sutta Bar through its advocates, Ankur Tiwari and Vishwajeet Ahirwar of BeIN Legal LLP, Indore filed a case of trademark infringement with the Saket District Judge where the court after considering all the facts and evidences issued an ex- parte order to take action against Chai Shai Bar.
The court appointed Partha Mehan as the local commissioner to search, seize and take action against Chai Shai Bar for trademark infringement who not only copied their trademark, but also their interior, business model, and menu and adopted a similar tagline that of Chai Sutta Bar’s “Cuddle the Kulhad”, to take benefit of its popularity.
As informed by Adv. Ankur Tiwari, Chai Sutta Bar's trademark has been registered since 2016, and they have also obtained a copyright.
Further, Mr. Abhijit Chaturvedi, the director of Chai Shai Bar, was a former National Franchisee Head at Chai Sutta Bar, whose job was only to sell franchises and was aware of this information about their franchise and company, and based on such information, CHAI SHAI BAR has been continuously trying to take benefit of CHAI SUTTA BAR’s business model and popularity.
On 24th April, 2023, the local commissioner executed the ex-part order and seized Chai Shai Bar's boards, advertisements, and food packaging material that had their mark and name and handed them over to Chai Shai Bar's director, Prince Lamba. Prince Lamba, the director of Chai Shai Bar, is now to appear in court on 30/05/2023 to respond to the allegations.
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