Delhi High Court - Orders
Austin Nichols And Co vs Arvind Behl on 2 April, 2024
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 376/2018 & I.A. 7314/2024
AUSTIN NICHOLS AND CO. ..... Plaintiff
Through: Ms. Mamta R. Jha, Mr. Sambhu Jain,
Ms. Reha Mohan and Ms. Sidhant
Oberoi, Advocates.
versus
ARVIND BEHL ..... Defendant
Through: Mr. Nikhil Chawla, Mr. Varun Ahuja
and Ms. Suchitra Chawla, Advocates
for D-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 02.04.2024 I.A. 7314/2024 (under Order XXIII Rule 3, CPC)
1. This joint application has been filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 ('CPC'), 1908 by plaintiffs and defendant no.2, placing on record terms of settlement arrived at between them.
2. Said application is executed by authorised signatories of plaintiffs and defendant no.2 as well as countersigned by the respective counsel, and supported by affidavits.
3. The terms of settlement arrived at between the parties are as under:
"a) The Defendant No. 2 acknowledges the intellectual property rights of the Plaintiffs in the trademark BLENDERS PRIDE including its logo/label/trade dress and get-up for the class of goods under which it has been registered and the same being the well-known trade mark(s) in India.
b) The Defendant No. 1 as well as Defendant No. 2 on behalf This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 02:01:29 of itself, its directors, assigns in business, sister concerns, associates, agents, dealers, distributors, stockists agree and consent to suffer a decree of permanent injunction restraining them from:
i. manufacturing, selling, offering for sale, advertising in any manner including on the internet and in magazines, directly or indirectly dealing in alcoholic beverages or any other similar goods under the trade mark BLENDERS PRIDE and its logo, label and packaging and/ or any other trade mark, logo, label and packaging as may be identical with or deceptively similar to the trade mark BLENDERS PRIDE and its logo, label and packaging amounting to infringement of Plaintiff No. 2's registered trade mark no. 623364 in class 33;
ii. manufacturing, selling, offering for sale, advertising in any manner including on the internet and in magazines, directly or indirectly dealing in alcoholic beverages or any other similar goods under the trade mark BLENDERS PRIDE and its logo, label and packaging and/or any other trade mark, logo, label and packaging as may be identical with or deceptively similar to the trade mark BLENDERS PRIDE and its logo, label and packaging of the Plaintiffs as may lead to confusion or deception amounting to passing off of the goods/business of Defendant No. 2 for those of the Plaintiffs or may constitute acts of unfair competition;
c) The Defendant No. 2 undertakes to take steps to withdraw its Civil Suit No. 2/2005 pending before Ld. District Court, Jalandhar filed against the Plaintiff No. 2 herein within thirty (30) days of signing the present application.
d) That a cancellation petition being C.O. (Comm. IPD-CR) No. 805/2022 filed by the Plaintiffs seeking cancellation of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 02:01:29 Copyright Registration No. A-71799/2005 dated 30.04.2005 for the impugned Blenders Pride label is pending adjudication before this Hon'ble Court. The Defendant No. 2 undertakes that it has no objection if the said Copyright Registration No. A- 71799 /2005 dated 30.04.2005 is cancelled. The parties agree that an order for cancellation of copyright registration no. A- 71799/2005 dated 30.04.2005 may be passed by this Hon'ble Court.
e) The Defendant No. 2 undertakes not to file any trade mark application or copyright application for any trade mark or label/logo/packaging containing BLENDERS PRIDE and/or any other mark which is deceptively similar to the Plaintiffs' registered trade mark BLENDERS PRIDE and its logo, label and packaging.
f) The Defendant No. 2 further undertakes not to use liquor bottles or discarded bottles bearing the trademarks/logo/label/ packaging containing BLENDERS PRIDE and/ or any other mark which is deceptively similar to the Plaintiffs' registered trade mark BLENDERS PRIDE.
g) The Defendant No. 2 undertakes to pay costs to the tune of INR 15,00,000/- (Rupees Fifteen Lakhs only) in the present proceedings in favour of the Plaintiff No. 2 in compliance of Order dated 29.11.2005 passed by this Hon'ble Court within (thirty) 30 days from recording of the present settlement;
h) That on the execution of this settlement and subject to the terms and conditions thereof and their strict compliance, the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 02:01:30 Plaintiffs does not press for any other relief of damages or costs as prayed in the plaint.
i) The Defendant No. 2 agrees that the Plaintiffs shall be at liberty to initiate any and all appropriate action available in law, including revival of the aforementioned suit against the Defendant No. 2, if the Defendant No. 2 is found to be in breach of the aforementioned terms of this present settlement, including the claim for damages, rendition of accounts, etc.
j) The parties hereto state that this is full and final settlement among the parties in respect of disputes subject-matter of the present suit, and all the disputes and differences subject-matter of the said suit have been amicably settled by the parties hereto.
k) The Plaintiffs believe that the trade mark 'ROYAL PRIDE' adopted by the Defendant No. 2 much subsequent to the institution of the present suit is deceptively similar to the trade mark BLENDERS PRIDE of the Plaintiffs. Accordingly, the Plaintiffs reserve their right to initiate separate infringement and cancellation proceedings against ROYAL PRIDE and the Defendant No. 2 reserve its right to contest the same wherein, both the parties will be at liberty to advance their submissions for consideration and adjudication by this Hon'ble Court.
l) Therefore, without prejudice to the rights of the parties, the present suit may be disposed of for the impugned trade mark BLENDERS PRIDE and any other deceptively similar trade mark thereto except for ROYAL PRIDE for which the Plaintiffs may initiate independent proceedings. The Defendant No. 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 02:01:30 consents that the present settlement is without any prejudice to the rights of the Plaintiffs to initiate legal proceedings and secure all available reliefs, including the reliefs of injunction, damages, costs, rendition of accounts, delivery up, against the Defendant No. 2 for use and registration of the trade mark ROYAL PRIDE, and the Defendant No. 2 will be free to defend themselves in accordance with law. It is further clarified and agreed that the pleas of the parties in relation to ROYAL PRIDE, both in fact and in law, are kept open and expressly outside the scope of the present settlement.
m) In return for the above undertakings given by the Defendant No. 2 and subject to compliance therewith, the Plaintiffs do not press for the relief of rendition of accounts and damages prayed for in the present suit.
n) The parties agree that the present suit may be decreed and disposed of on the basis of above-mentioned terms and conditions.
o) The parties agree that they shall abide by the terms and conditions set out hereinabove and shall not dispute the same hereinafter in future. The parties further agree that the statements made by them herein shall be taken as their respective undertakings to the Hon'ble Court and the defaulting party shall be held liable for contempt of court under the Contempt of Courts Act, 1971."
4. Counsel for parties state that an additional term of settlement has been arrived at between the parties subsequently, which is articulated as under:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 02:01:30 "Defendant no.2 itself or through its sister/ affiliate concerns agrees to withdraw the Trademark Application No.618414 in class 33."
5. Court has perused the terms of settlement and finds the same to be acceptable and lawful. In view of the same, nothing further survives for adjudication.
6. Suit is disposed of in terms of the settlement above in para 3 and 4, and in terms of 30(aa) and 30(a) of the amended plaint dated 22nd December 2023.
7. Accordingly, decree sheet be drawn up by the Registry in terms above qua defendant no.2. Defendant no.1 is deleted from the array of parties considering that defendant no.1 was a Director, who has since resigned from defendant no.2 company; same has been noted in this application.
8. Parties shall be bound by the terms of settlement.
9. Since nothing survives for adjudication, the suit stands disposed of.
10. Pending applications, if any, are disposed of as infructuous.
11. Date of 01st May, 2024 already fixed before the Court stand cancelled.
12. Order be uploaded on the website of this Court.
ANISH DAYAL, J APRIL 2, 2024/kct/sc This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 02:01:30