Last Updated on September 29, 2023 by News Desk
The Delhi High Court has issued clarifications and finalised settlement terms in a trademark infringement suit between confectionery brands Theos and Theobroma. The case arose from Theos’s suit to restrain Theobroma from using the mark ‘THEOS’ as a prefix to the names of various food items being sold across its outlets. Theos and Theobroma were directed to decide on the detailed terms of the settlement, but due to disagreements, both parties repeatedly sought adjournments until they informed the court that a settlement could not be reached.
The Court ruled in four areas: the use of the mark THEOS, geographical limitation on the use of the mark, restriction as to Nice classification, and QR menu card. Theos contended that Theobroma’s registration of the THEO mark should be restricted to class 30 (foodstuffs) and not be permitted to be retained in other classes. The Court clarified that the use of the mark would be in respect of only the five products mentioned by the Court, irrespective of class.
Theobroma sought a modification of the court order so that it is permitted to use the THEO mark on its physical and QR code menus. Theos submitted that it had no objection to this, as long as it was limited to menus in physical outlets only. On these terms, the Court decreed the suit and disposed of it.
Case Title: Theos Food Pvt. Ltd. vs. Theobroma Foods Pvt. Ltd.
Written by: Srijan Raj @raaj_srijan