Delhi High Court - Orders
Tata Sons Private Ltd & Anr vs Qbn Innovations Private Limited on 13 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 552/2022, I.A. 12725/2022, 17007/2022
TATA SONS PRIVATE LTD & ANR. ..... Plaintiffs
Through: Mr. Pravin Anand, Mr. Achuthan
Sreekumar, Mr. Rohil Bansal and
Ms. Apoorva Prasad R., Advocates
(M: 9079965359).
versus
QBN INNOVATIONS PRIVATE LIMITED ..... Defendant
Through: Mr. Siddhant Dutt, Proxy Counsel
(M:7042259907)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 13.10.2023
1. This hearing has been done through hybrid mode.
2. The Plaintiffs filed the present case seeking permanent injunction restraining the Defendant from infringing the registered trademarks, copyrights in the packaging, trade dress, etc.
3. The Plaintiffs claimed rights in the mark "TATA" and "TATA GLUCO+" which is a glucose based drink. The case of the Plaintiff is that the Defendant was using an identical container with almost an identical mark "TAZA GLUCO+" in respect of its energy drink. The same is sold in an affordable cup format which was completely imitated by the Defendant.
4. Accordingly, vide order dated 18th August, 2022 passed by this Court, an ex parte ad-interim injunction was granted in the following terms:
"29. Having heard learned counsel for the Plaintiffs, this Court is of the view that Plaintiffs have made out a prima facie case for grant of ex parte ad-interim 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 17/10/2023 at 15:11:03 injunction. Balance of convenience lies in favour of the Plaintiffs and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.
30. Accordingly, Defendant, its Directors, officers, representatives, servants, partners and agents are restrained fi-om manufacturing and/or selling, offering for sale, distributing, advertising and dealing in product TAZA GLUCO+ or any other product amounting to infiingement of Plaintiff's copyrights subsisting in the artistic work forming part of the distinctive and peculiar trade dress and label of Plaintiffs products bearing the trademark and brand TATA GLUCO+ as well as amounting to passing off Defendant's product as that of the Plaintiffs, till the next date of hearing."
5. During the pendency of the suit, parties have amicably settled their disputes under the aegis of Delhi High Mediation and Conciliation Centre and settlement agreement dated 15th July, 2023 has been filed. The terms of settlement are contained in paragraphs 5(1) to 5(5) and 6 to 17 of the settlement agreement.
6. As per the said settlement, the Defendant has acknowledged the rights of the Plaintiffs in the mark "TAZA GLUCO+" and the packaging thereof. It is also acknowledged by the Defendant that it has given up the use of the packaging and that it would not use the said packaging in future. The Defendant has undertaken to destroy the goods seized by the Local Commissioner within one month from the date of the agreement.
7. The power of attorney in favour of the authorised signatory has also been filed. There are emails on record giving consent for the agreement.
8. The Court has perused the settlement agreement. The settlement agreement is also signed by the ld. Mediator digitally. The same is lawful 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 17/10/2023 at 15:11:03 and there is no impediment in recording the same.
9. All parties and anyone acting on their behalf shall be bound by the terms of the settlement terms.
10. The suit is, accordingly, decreed in terms of the settlement as also in terms of paragraphs 1,2,3,4 and 54 of the plaint. Decree sheet be drawn accordingly. All pending applications are disposed of.
11. In view of the amicable resolution of disputes between the parties, 50% Court fee shall be refunded in favour of the Plaintiff. The destruction of the seized goods shall be carried out within one month in the presence of the Plaintiffs' representative.
PRATHIBA M. SINGH, J.
OCTOBER 13, 2023 mr/kt 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 17/10/2023 at 15:11:03